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2000 AUG 15 CC PACKETGt'S Y O� AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council with certain statutory exceptions, can only take action upon properly posted and listed agenda items Unless othem ise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the City Council and or items listed on the Agenda during the Public Communications portion of the Meeting Addmonall} the Public can comment on any Public Heating item on the Agenda during the Public Hearing portion of such item The time limit for comments is five (5) minutes per person Befor e speaAmg to the Cat, Council, please come to the podium and state Your name and residence and the organization you represent ifdesired Please respect the time limits Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least siN days prior to the City Council Meeting (by 2 00 p in the prior Tuesday) The request must include a brief general description of the business to be transacted or discussed at the meeting Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not eNceed five (5) minutes in length I comp ance with the Americans with Disabilities Act if von need special assistance to participate in this meeting, please contact Cin Clerk. 607.2208 Notification 48 hours prior to the meeting will enable the Cim to make reasonable arrangements to ensure accessibihn to this meeting REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, AUGUST 15, 2000 - 5:00 P.M. Next Resolution # 4179 Next Ordinance # 1322 5:00 PM Session CALL TO ORDER ROLL CALL CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, et sey ) for the purposes of confemng with the City's Real Property Negotiator, and/or conferring with the City Attorney on potential and/or existing litigation, and/or discussing matters co%ered under Gov't Code §54957 (Personnel), and/or conferring with the City's Labor Negotiators as follows CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956 9(a)) 001 I City of El Segundo v. Bd. of Airport Commissioners, et al., LASC Case No. BC 220609 2 Ralston v. El Segundo, LASC Case No YC 036223 3 Hill v El Segundo, USDC No CV 98- 1463- LGB(SHX) 4 Valone Williams v Brian D Evanski, et al., LASC Case No 99CO2571 5 Venegas % El Segundo, LASC Case No BC207136 6 In re Randall's Island Family Golf Centers, Inc , U S Bankruptcy Court, Southern District of New York, Case No 00 -41065 7 Phillips Petroleum, et al v County of Los Angeles, et al, USDC No 1938 -MRP (MANx) 8 Shell Chemical Company, et al v County of Los Angeles, et al, USDC No 1917 -GHK (RCx) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956 9(b). -0- potential case (no further public statement is required at this time), Initiation of litigation pursuant to Gov't Code §54956 9(c) -3- matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957.6) — City Representative Mary Strenn Employee Organizations City Employees' Association, Supervisory & Professional Employees' Association, and all unrepresented employees CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) — None U0� 0 R AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council with certain statutory exceptions, can only take action upon properly posted and listed agenda items Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the Cin, Council andior items listed on the Agenda during the Public Communications portion of the Meeting Additionally the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item The tune limit for comments is five (5) minutes per person Before speaking to the Ctty Council, please come to the podium and state Your name and residence and the organi.arton you represent if desired Please respect the time limits Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2 00 p in the prior Tuesday) The request must include a brief general description of the business to be transacted or discussed at the meeting Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed file (5) minutes in length In compliance nith the Americans with f sabnhtin AcL If Von and special assistance to participate in this meeting, please contact Ctn Clerk. 607 -2208 Notification 48 hours prior to the meeting will enable the trot to make reasonable arrangements to ensure accessibility to this meeting REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, AUGUST 15, 2000 - 7:00 P.M. Next Resolution # 4179 Next Ordinance # 1322 7:00 PM Session CALL TO ORDER INVOCATION — Rev Alexei Smith, Saint Andrew Russian Greek Catholic Church PLEDGE OF ALLEGIANCE — Council Member Nancy Wemlck PRESENTATIONS ROLL CALL PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute It mitt total) individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and nploi ees speaking air behalfofrheir emplot er must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable bi a fine ofS250 Wlule all comments are welcome, the Brown Act does not allow Council to take action on any tier, not on the agenda The Council a dl respond to comments after Public Communications is closed 0C3 A. PROCEDURAL MOTIONS Consideration -of a motion to read all ordinances and resolutions on this Agenda by title only Recommendation - Approval. B. SPECIAL ORDERS OF BUSINESS - NONE C. UNFINISHED BUSINESS — NONE D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS El Segundo Community Cable Advisory Committee request for funding to publish weekly cable schedule in the El Segundo Herald and secure additional advertising to promote Recommendation — Approve a budget of $2,500 to advertise the City's cable schedule in the El Segundo Herald, and to pursue alternate marketing methods to increase viewership. Modify Street Tree Policy to provide 24" box trees instead of 15 gallon trees when replacing street trees Recommendation — Increase the size of replacement street trees from 15 gallon to 24" box trees. E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unammously If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business Warrant Numbers 2511694-2512021 on Register No 21 in total amount of $2,106,576 36, and Wire Transfers in the amount of $265,407 65 Recommendation - Approve Warrant Demand Register and Authorize staff to release. Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or agreements; emergency disbursements and /or adjustments; and wire transfers from 07/21/00 to 08/04100. 4 Citv Council meeting minutes of Aueust 1, 2000 Recommendation - Approval. Resolution authorizing the El Segundo Public Library to become a member of Arroyo Seco Library network, Region IV, created by the Library of California Act 1998 Recommendation — 1) Adopt the Resolution. 2) Authorize the Library Director to sign the Arroyo Seco Library Network Membership Application Forms. 004 6 Adoption of an ordinance which modified Ordinance No. 1235, which established storm water and urban runoff pollution prevention controls, to meet the recently approved Standard Urban Storm Water Mideation Plan (no fiscal impact) Recornrpendation — 1) Second reading and adoption of Ordinance, by title only; and /or 2) Other possible action /direction. Revocable lease agreement between the City of El Segundo and Pacific Building Interiors. Inc to lease a portion of City property at 630 South Douglas Street (annual revenue = Recommendation — Approve the lease agreement and authorize the Mayor to execute the agreement on behalf of the City. Agreement between the West Basin Municipal Water District and the City of El Segundo for project coordinator services regarding the West Basin Water Recycling Protect (estimated cost of services = $53.333.00) Recommendation — Approve agreement and authorize the Mayor to execute the agreement on behalf of the City. Award of contract to H B Covey, Inc. for the rehabilitation of Sanitary Sewer Pump Station No 13 — Protect No PW 00 -1 A (contract amount = $359.900 00) Recommendation — 1) Appropriate $40,000.00 from completed sewer Capital Improvement Projects and $125,000.00 from unappropriated fund balance General Fund. 2) Award the contract to the lowest responsible bidder, H. B. Cove}, Inc., in the amount of $359,900.00. 3) Authorize the Mayor to sign the standard Public Works construction agreement after approval as to form by the Citv Attorney. 10 Award contract to Pavement Coatings Company for fiscal year 1999 -2000 slurry seal — Proiect No PW 00 -11 (contract amount = $100.893 16) Recommendation — 1) Award contract to the lowest responsible bidder, Pavement Coatings Company, in the amount of $100,893.16. 2) Authorize the Mayor to execute the standard Public Works contract after approval as to form by the City Attorney. I 1 Agreement with David Evans & Associates, Inc for $77,500 00 to provide professional engineering services for the re- construction of Storm Water Pump Station No 16, located at the intersection of Eucalyptus Drive and Holly Avenue (estimated portion to be spent in FY 1999 -2000 = $17,210 00) Recommendation — Approve standard agreement and authorize the Mayor to execute the agreement on behalf of the City. O105 12 Adoption of specifications for resurfacing of decks, underground waterproofing and drain installation at Paris Vista Senior Housing (Estimated cost = $94,000.00). Recommendation - Adopt specifications and authorize staff to advertise the project for receipFDf construction bids. 13 Request Council reject both bids for the supply of doors for Phase 6 & 7 of the City's Residential Sound Insulation (RSI) program on the basis that they were non - responsive Recommendation — Approve rejection of both bids for the supply of doors for Phases 6 & 7. Authorize staff to readvertise for door supply bids. 14 Approval of the first one -year extension to the City's contract with Wyle Laboratories. Inc (Wyle) for architectural, engmeenng and acoustical services in support of the City's Residential Sound Insulation (RS I) Program Recommendation — Approve first one -year Contract extension and authorize the Mayor to execute. 15 Approval of contract with Milgard Manufactunng, Inc ( Milgard), manufacturers of Milgard Windows, for $167,940 for supply of vinyl windows in support of Phases 6 & 7 of the City's Residential Sound Insulation (RS I) Program Recommendation — Approve standard Public Works contract and authorize the Mayor to execute upon approval of City Attorney. 16 Approval of contract with Graham Architectural Products Corporation (Graham), manufacturers of Graham Windows, for $19,504 for Supply of Aluminum Windows in support of Phases 6 & 7 of the City's Residential Sound Insulation (RSI) Program Recommendation — Approve standard Public Works contract and authorize the Mayor to execute upon approval of City Attorney. 17 Approval of contract with Great West Contractors, Inc (Great West) for 5594,635 00 for General Contractor services in support of Phases 6 & 7 of the City's Residential Sound Insulation (RSI) Program Recommendation — Approve standard Public Works contract and authorize the Mayor to execute upon approval of the City Attorney. is Approve the purchase of twenty (20) tactical entry body armor vests from Adamson Industries Recommendation — Authorize staff to purchase body armor vests from Adamson Industries using equipment replacement funding. 19 Report on status of street tree removals Recommendation — Receive and file report. C 4LL ITEMS FROM CONSENT AGENDA 0 GG F. NEW BUSINESS - 20 Presentation of FY 2000 -2001 Preliminary Operating Budget and Five -Year Capital Improvement Protect Plan Recommendation — 1) Receive and file FY 2000 -2001 Preliminary Operating Budget and Five -Year Capital Improvement Project Plan. 2) Make public announcements of Budget Calendar: Budget workshop August 21, 2000 6:00 P.M. to 9:00 P.M. Public Hearing September 5, 2000 7:00 P.M. Continued Hearing and Adoption September 19, 2000 7:00 P.M. 21 Introduction and First Reading of an Ordinance Amending Chapter 3.24 130 of the El Segundo Municipal Code relating to Utility User's Tax (UUT), adoption of UUT Administrative Ruies and Regulations, approval of UUT fixed fee and legal services Recommendation — 1) Adopt Utility User's Tax (UUT) Administrative Rules and Regulations 2) Introduce First Reading of Ordinance Amending Chapter 3.24.130 of the Municipal Code 3) Approve Fixed Fee Agreement between MBIA MuniServices Company/Municipal Resources Consultants (MMC) and the City of El Segundo 4) Approve Legal Services Agreement between Don Maynor and the City of El Segundo. G. REPORTS - CITY MANAGER - NONE H. REPORTS — CITY ATTORNEY - NONE I. REPORTS - CITY CLERK - NONE REPORTS - CITY TREASURER - NONE K. REPORTS - CITY COUNCIL MEMBERS Council Member McDowell - NONE Council Member Gaines - NONE Council Member Wernick - NONE Mayor Pro Tent Jacobs - NONE Mayor Gordon — NONE 0 C 7 PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Individuals who have received value of $50 or more to communicate to the City Council on behal%of another, and employees spealang on behalf of their emplover must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine ofS250 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments alter Public Comipunications is closed MEMORIALS CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec 54960, et �eq ) for the purposes of conferring with the City's Real Propem Negotiator, andlor conferring with the City Attorney on potential and/or existing litigation, and/or discussing matters covered under Government Code section 54957 (Personnel), and/or conferring with the City's Labor Negotiators, as follows Continuation of matters listed on the City Council Agenda for 5-00 p m., August 15, 2000 under "Closed Session" (if needed) REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED DATE q TIME NAME U 051500aa 008 EL SEGUNDO-CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE: August 15, 2000 AGENDA HEADING. Committees, Commissions and Boards El Segundo Community Cable Advisory Committee request for funding to publish weekly cable schedule in the El Segundo Herald and secure additional advertising to promote programs RECOMMENDED COUNCIL ACTION: Approve a budget of $2500 to advertise the City's cable schedule in the El Segundo Herald, and to pursue alternate marketing methods to increase viewership BACKGROUND & DISCUSSION: The cable committee and staff have been in negotiations with the Herald to publish the weekly cable - programming schedule as a public service The Herald has continually refused these requests, and has asked for $40 weekly to publish the schedule ($2,080 annually) The committee is requesting that $2,500 be allocated for cable advertising in the 2000 /01 fiscal budget ATTACHED SUPPORTING DOCUMENTS: The El Segundo Community Cable Advisory Committee has submitted a letter of request to the City Council (see attached) FISCAL IMPACT Operating Budget: Amount Requested: $2500 Account Number- Protect Phase. Appropriation required: YES TED- El Segundo Community Cable Advisory Committee nager DATE: August 4, 2000 41210 8/7/00 8 00 AM 1 009 20 July 2000 From El Segundo Cable Committee To Honorable Mavor and Members of the Citv Council In the Cable Committee s report to the Crty Council on the Cable TV V iewship and Programming Preferences, it was noted that many questioned dunng the survey were unaware of the programming on channel 22 and 57 As you are aware one of the committee responsibilities is the promotion of viewership We have investigated several alternatives, and exhausted all efforts to persuade the Herald to publish the schedule as a community information item It is therefore our recommendation to the Council that a budget of 52,500 for the fiscal vear be set aside to advertise our schedule in the El Segundo Herald and to also continue to pursue alternative methods of putting this information before the public It is the opinion of the committee that without this effort our channels will continue to go without many of the potential viewers in the city Respectfully submitted, The El Segundo Community Cable Committee Paincia Hart, Chair Nancy Pfeifer, Co -Chair Don Brann Joe Pmchuk David Reeves 010 EL SEGUNDQCITY COUNCIL MEETING DATE: August 15, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Reports of Committees, Boards, and Commissions AGENDA DESCRIPTION- Modify Street Tree Policy to provide 24" box trees instead of 15 gallon trees when replacing street trees COUNCIL ACTION: Increase the size of replacement street trees from 15 gallon to 24" box trees BACKGROUND & DISCUSSION: The Recreation and Parks Commission discussed this issue at the July meeting and unanimously approved the staff recommendation to upgrade the size of replacement street trees from the current 15 gallon size to a 24" box tree If this action is approved by City Council, it will modify the current street tree policy The difference in price between the two sizes is $95 for the 15 gallon and $195 for the 24" box trees The city has almost 2,000 potential spaces for street trees to be planted, although some locations have gone unplanted for a number of years and may need to be evaluated by staff before any planting occurs ATTACHED SUPPORTING DOCUMENTS. FISCAL IMPACT. None Operating Budget: Amount Requested: Account Number- Project Phase: Appropriation required- , City Manager DATE: August 4, r' IO 2 8/8/00 2 13 PM 011 k \{ c� � � \ ! § 2 §! S 7 ; � B 2 {; \� 012 (�(kk - -�.; $| - ��,!! ® : :! » ;a ;; ; ::�, ■,! \ - 0o {k((| �( \� ) - [2 ; / _ - ; |. ;, ■I!!(!§!!§| | \ §\[ _�,.E | | �}j {( \`� �� ! |)f% _ !|!�. i! § ,a : _� § t9 tg� §.v §!} ; � B 2 {; \� 012 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 7/21/2000 THROUGH 8/412000 Date Payee Amount Description 7126100 Health Comp 1,64042 Weekly claims 7121 7/26/00 Wells Fargo 30,000 00 TPT Lakes Payroll Transfer 7/28/00 Federal Reserve Bank 25000 Employee Savings Bond PR3 812/00 Health Comp 1,63958 Weekly claims 7/28 813/00 IRS 194,446 93 Federal Taxes PR 3 8/3/00 Employment Development 37,430 72 State Taxes PR 3 265 407 65 DATE OF RATIFICATION* 8115100 TOTAL PAYMENTS BY WIRE. Certified as to the accuracy of the wire transfers by City Treasurer Date Finance Director $/7 12-OM Date City Manager !� Date 265,407.65 Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo P \Wire Transfers6 -4 013 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, AUGUST 1, 2000 - 5:00 P.M. 5:00 PM Session CALL TO ORDER - Mayor Gordon at 5 00 p m ROLL CALL Mayor Gordon Mayor Pro Tern Jacobs Council Member Gaines Council Member McDowell Council Member Wernick CLOSED SESSION: Present Present Present Present Arrived at 5 05 p m The City Council moved Into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, et sea.) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation, and /or discussing matters covered under Gov't Code §54957 (Personnel), and /or conferring with the City's Labor Negotiators as follows CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956 9(a)) 1 City of El Segundo v Bd of Airport Commissioners, et al., LASC Case No BC 220609 2 Ralston v El Segundo, LASC Case No YC 036223 3 Hill v El Segundo, USDC No CV 98- 1463- LGB(SHX) 4 Valone Williams v Brian D Evanski, et al , LASC Case No 99CO2571 5 Venegas v El Segundo, LASC Case No BC207136 6 In re Randall's Island Family Golf Centers, Inc , U S Bankruptcy Court, Southern District of New York, Case No 00 -41065 7 Phillips Petroleum, et al. v County of Los Angeles, et al , USDC No 1938 -MRP (MANx) 8 Shell Chemical Company, et al v County of Los Angeles, et al., USDC No 1917 -GHK (RCx) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956.9(b) -0- potential case (no further public statement is required at this time), initiation of litigation pursuant to Gov't Code §54956 9(c)• -3- matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957 6) — City Representative Mary Strenn Employee Organizations City Employees' Association, Supervisory & Professional Employees' Association, and all unrepresented employees None CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) — None MINUTES OF THE EL SEGUNDO CITY COUNCIL AUGUST 1, 2000 PAGE NO 1 014 4A SPECIAL MATTER — Interviews of candidates to the El Segundo Senior Citizen Housing Corporation Board MOVED by Council Member Gaines, SECONDED by Council Member McDowell to make the following appointments John Nisley and Donald Mclroy to the Senior Citizen Housing Corporation Board, to unexpired terms to expire 6/30/04 MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, AUGUST 1, 2000 - 7:00 P.M. 7:00 PM Session CALL TO ORDER - Mayor Gordon at 7.00 p m INVOCATION - Deputy Clerk Domann PLEDGE OF ALLEGIANCE — Council Member Kelly McDowell PRESENTATIONS (a) Council Member John Gaines presented commendations to outgoing members of Committees, Commissions and Boards for their invaluable service to the community Planning Commissioners Gary Wycoff and Jim Boulgandes, Senior Citizen Housing Corporation Board members Keith Covington and Louise McCann, Investment Advisory Committee member Leigh Ann Engibous, Economic Development Advisory Committee members David J Gaulton, Gary B Horwitz and Willard Krick, and El Segundo Library Board of Trustees member John Vautrain (b) Joe Harding, El Segundo Rotary, announced the C A S E food collection and thanked the community for donations Marcy Dugan, El Segundo Rotary, announced the "Movie in the Park" at Chevron Park, Saturday, August 5, 2000. ROLL CALL Mayor Gordon - Present Mayor Pro Tern Jacobs - Present Council Member Gaines - Present Council Member McDowell - Present Council Member Wernick - Present MINUTES OF THE EL SEGUNDO CITY COUNCIL AUGUST 1 2000 PAGE NO 2 015 PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees spooking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments after Public Communications is closed Peggy Tyrell, resident, spoke regarding Consent Item No 9, the Downtown Specific Plan Also commended Chief Gnmmond on Communications Center Dedication Ceremony Willard Krick, resident, stated that the El Segundo Residents Association would be holding a meeting tomorrow at 7 00 p m in the Council Chambers and that Mayor Gordon would be there to answer questions Invited members of the community to attend Gary Wallace, resident, spoke regarding the tree problem in El Segundo Ms Julie Bronstein, Motion Picture Association of America, spoke in favor of the proposed filming fees and policies and procedures Kayla Thames, California Film Commission, spoke in favor of the proposed filming fees and policies and procedures Steve Dayan, Studio Transportation Drivers Teamsters Local 399, spoke in favor of the proposed filming fees and policies and procedures John Aull, Big John's Cafe, spoke regarding the opinion polls taken recently on the proposed dog license fees Cheryl Frick, resident, spoke regarding animal control Mayor Gordon responded to the tree policy issue Directed City Manager /Staff to talk to Mr Wallace to resolve his tree problem Mayor Gordon spoke regarding the animal control issue and the Downtown Specific Plan A PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on this Agenda by title only MOVED by Council Member McDowell, SECONDED by Council Member Wernick to read all ordinance and resolutions on this Agenda by title only, MOTION PASSED BY UNANIMOUS VOICE. 5/0 MINUTES OF THE EL SEGUNDO CITY COUNCIL AUGUST 1, 2000 PAGE NO 3 016 B. SPECIAL ORDERS OF BUSINESS - Public Tiearing and a Resolution of the City of El Segundo, California, finding the City to be in conformance with the annual Congestion Management Program (CMP) and adopting the annual CMP Local implementation Report, in accordance with California Government Code Section 65089 Mayor Gordon stated this is the time and place hereto fixed for a public hearing finding the City to be in conformance with the annual Congestion Management Program (CMP) and adopting the annual CMP Local Implementation Report, in accordance with California Government Code Section 65089 He asked if proper notice had been done and if any written communications had been received Deputy Clerk Domann stated that proper notice had been done and no written communications had been received by the Clerk's office City Manager Mary Strenn gave a report Council consensus to close the public hearing City Engineer Bellur Devaral responded to Council questions City Attorney Mark Hensley read the following RESOLUTION NO 4178 A RESOLUTION OF THE CITY OF EL SEGUNDO, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089 MOVED by Mayor Pro Tern Jacobs, SECONDED by Council Member Wernick to adopt Resolution No 4178 finding the City to be in conformance with the Congestion Management Program (CMP) and adopting the CMP Local Implementation Report, in accordance with California Government Code Section 65089 MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 C UNFINISHED BUSINESS - 2 Proposed filming fees and, policies and procedures City Manager Mary Strenn responded to Council questions Consensus of Council to make sure policy is understood to be "flexible" and no more restrictive than that in the residential area MINUTES OF THE EL SEGUNDO CITY COUNCIL AUGUST 2000 PAGE NO 4 017 Julie Bronstsein, Motion Picture Association of America, stated that a survey was presently being done to determine the economic impacts on communities and she would be glad to share the information with the City when complete Kayla Thames, California Film Commission, Indicated that her organization would be willing to work with the City regarding wording for policies and guidelines MOVED by Council Member Wemick, SECONDED by Council Member McDowell to approve the policies and procedures for filming with the understanding that the policy would be flexible and no more restrictive than that in a residential area, and directed staff to begin the process of changing current filming fees to the proposed amounts by drafting and introducing an Ordinance on September 5, 2000 MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 3 Review and possible action regarding the AOL/Time Warner (cable operator) change of control Council Member McDowell gave an update Consensus of Council to have the Community Cable Advisory Committee review past fees which may be owed and bring recommendation back to Council City Attorney Mark Hensley read the following RESOLUTION NO 4177 A RESOLUTION OF THE CITY OF EL SEGUNDO, CALIFORNIA, PROVIDING FOR THE CHANGE IN CONTROL OF A CABLE TELEVISION FRANCHISEE MOVED by Council Member McDowell, SECONDED by Council Member Wernick to adopt Resolution No 4177, providing for the change In control of a Cable Television Franchisee MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 D REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS — Announce appointments to the El Segundo Senior Citizen Housing Corporation Board Mayor Gordon announced that John Nisley and Donald Mclroy had been appointed to the Senior Citizen Housing Corporation Board, to unexpired terms to expire 6/30/04 Council directed staff to continue recruitment for vacancies in Committees, Commissions and Boards E CONSENT AGENDA MINUTES OF THE EL SEGUNDO CITY COUNCIL AUGUST 1 2000 PAGE NO 5 018 All Items listed are to be adopted by one motion without discussion and passed unanimously If a call for discussion of an item is made, the item(s) will be considered Individually under the next heading of business 5 Approve Warrant Numbers 2511379 - 2511693 on Register No 20 In total amount of $909,409,06, and Wire Transfers in the amount of $1,410,106 10 6 Approve City Council meeting minutes of July 18 and 24, 2000 7 PULLED BY MAYOR PRO TEM JACOBS 8 Receive and file report on FY 2000 -2001 revenue forecast and assumptions 9 PULLED DUE TO A POSSIBLE OF CONFLICT BY MAYOR PRO TEM JACOBS 10 Approve participation in the Federal Surplus Property program by the adoption of a Resolution No 4176 updating the City's authorized representatives Fiscal impact — potential savings 11 Adoption of plans and specifications for the refurbishment of Recreation Park restrooms — Project No PW 00 -3 (estimated cost = $61,500 00) and authorize staff to advertise the project for receipt of construction bids 12 Award of Contract No 2810 to Stradling, Yocca, Carlson & Rauth for professional services to conduct bond counsel services for the Water Well Project (fiscal impact = $27,000 to $33,000) and authorize the Mayor to execute the standard professional service agreement on behalf of the City 13 Award of Contract No 2811 to Fieldman, Rolapp & Associates for professional services to conduct financial advisory services for the Water Well Project (fiscal impact = $25,000 to $32,500) and authorize the Mayor to execute the standard professional service agreement on behalf of the City 14 Approve Agreement, Contract No 2812, with Freeman Alternative Resources, Inc which will provide a Construction Project Coordinator to focus on potential problem areas for the City during construction of the West Basin Municipal Water District's Pipeline Project (estimated cost $53,333 00) and authorize the Mayor to execute the standard professional service agreement on behalf of the City 15 Award Contract No 2813 to PMW Associates for professional services to provide an organizational audit of the Department of Public Works (fiscal impact = $13, 650) and authorize the Mayor to execute the standard professional service agreement on behalf of the City 16 Award Contract No 2814 to Chelsea Design Group for professional services to provide design services for El Segundo City Hall interior design standards (fiscal Impact = $7,500) and authorize the Mayor to execute the standard professional service agreement on behalf of the City MINUTES OF THE EL SEGUNDO CITY COUNCIL AUGUST 1 2000 PAGE NO 6 019 17 Approve agreement, Contract No. 2808, with AKM Consulting Engineers for professional engineering services for the rehabilitation of Sanitary Sewer Pump Stations No 4 (1501 East Holly Avenue) and No. 5 (737 Center Street) (Estimated cost of services 871,285) and authorize the Mayor to execute the standard professional service agreement on behalf of the City MOVED by Council Member McDowell, SECONDED by Council Member Wernick to approve consent agenda items 5, 6, 8, 10, 11, 12, 13, 14, 15, 16, and 17 MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA 7 Declare Engine 35 (Unit #3344) surplus Mayor Pro Tem Jacobs requested that Engine 35 be removed from the surplus inventory and be made available to El Segundo's Sister City, Guaymas, Mexico MOVED by Mayor Pro Tern Jacobs, SECONDED by Council Member Gaines to remove Engine 35, Unit #3344, from surplus and make it available to El Segundo's Sister City, Guaymas, Mexico MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 9 Adopt Ordinance No 1319 approving the Downtown Specific Plan The Plan area generally encompasses the 100 -500 blocks of Main Street, the 100 -300 blocks of Richmond Street, and abutting properties on Grand Avenue [Environmental Assessment No EA-474 (Mitigated Negative Declaration), General Plan Amendment No 99 -2, Zone Change No 99 -2 and Zone Text Amendment No 99 -5] Applicant City of El Segundo Property owners Various MOVED by Council Member McDowell, SECONDED by Council Member Gaines to Adopt Ordinance No 1319 approving the Downtown Specific Plan MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: MAYOR GORDON, COUNCIL MEMBERS GAINES, MCDOWELL AND WERNICK; NOES: NONE; ABSENT: NONE; MAYOR PRO TEM JACOBS NOT PARTICIPATING DUE TO A POSSIBLE CONFLICT OF INTEREST. 4/0 F NEW BUSINESS — 18 Ordinance No 1235, which establishes storm water and urban runoff pollution prevention controls, requires modification to meet the recently approved Standard Urban Storm Water Mitigation Plan (SUSMP) requirements (no fiscal impact) Andy Santamana, Director of Public Works, gave a report MINUTES OF THE EL SEGUNDO CITY COUNCIL AUGUST 2000 PAGE NO 7 OLC City Attorney Mark Hensley read the following, ORDINANCE NO 1320 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, MODIFYING ORDINANCE NO. 1235 WHICH ESTABLISHED STORM WATER AND URBAN RUNOFF POLLUTION PREVENTION CONTROLS Council Member Introduced Ordinance No 1320 19 Consideration of an amendment to the contract between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of El Segundo providing Section 21362.2 (3% at 50 Full Formula) for local Police members as required by the El Segundo Police Officers' Association 2000 -03 Memorandum of Understanding City Attorney Mark Hensley read the following RESOLUTION NO 4175 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF EL SEGUNDO MOVED by Council Member Wernick, SECONDED by Council Member McDowell to approve Resolution No 4175 approving an amendment to the contract between the Board of Administration of the California Public Employees' Retirement System and the City Council of the City of El Segundo and authorize the Mayor to sign the Certification of Member Contribution Rate MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 City Attorney Mark Hensley read the following ORDINANCE NO 1321 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. Council Member Wernick Introduced Ordinance No 1321 G REPORTS - CITY MANAGER - NONE MINUTES OF THE EL SEGUNDO CITY COUNCIL AUGUST 1, 2000 PAGE NO B 021 H. REPORTS — CITY ATTORNEY - Announced a settlement agreement, Los Angeles Superior Court case number YC 034524, Leonard Rosaitto and Flaherty Roscitto v City of El Segundo Police Department and Rex Fowler t. REPORTS - CITY CLERK - NONE J. REPORTS - CITY TREASURER - NONE K REPORTS - CITY COUNCIL MEMBERS Council Member McDowell - Reported on last night's FAA meeting Council Member Gaines - Spoke regarding recent FAA meetings and transportation issues and animal control Council Member Wernick - Spoke regarding consulting /contract book, and recent Cable problems Indicated that Director of Recreation and Parks could be contacted for Time Warner customer service numbers Mayor Pro Tern Jacobs - Spoke regarding the Movie in the Park Saturday, August 5, 2000 at Chevron Park Reminded the Community that Guaymas Sister City visitors will be here August 10- 15, 2000 and invited the community to participate in planned events Mayor Gordon — Spoke on the FAA meeting last night and COG meeting next Thursday. Noted that he would be speaking at the Residents Association meeting Wednesday, August 3, 2000 at 7 00 p m in the City Council Chamber Reminded the Community of the August 12, 2000 Car Show Noted that he would not be at the City Council Meeting on August 151" because he would be attending the Democratic Convention as a Delegate PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) individuals who nave received value of 550 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and MINUTES OF THE EL SEGUNDO CITY COUNCIL AUGUST 1, 2000 PAGE NO 9 022) punishable by a fine of $250 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments after Public Communications is closed Peggy Tyrell, resident, spoke regarding traffic problems and the concert in the park on Saturday Sandra Mason, resident, spoke regarding downtown revitalization MEMORIALS — Eve Phillips, long time resident and active community member and Kati Geissert, long time Mayor of the City of Torrance CLOSED SESSION - NONE ADJOURNMENT at 8 30 p m Cathy Domann Deputy City Clerk MINUTES OF THE EL SEGUNDO CITY COUNCIL AUGUST 1, 2000 PAGE NO 10 023 EL SEGUNDO CITY COUNCIL MEETING DATE: August 15, 2000 AGENDA HEADING: Consent 'esolution authorizing-4he El Segundo Public Library to become a member of Arroyo Seco brary Network, Region IV, created by the Library of California Act ,1998 Fiscal Impact None RECOMMENDED COUNCIL ACTION: 1) Adopt the Resolution 2) Authorize the Library Director to sign the Arroyo Seco Library Network Membership Application Forms BACKGROUND & DISCUSSION. Enacted in 1998, the Library of California is comprised of 7 regional networks, each organized to develop and deliver library services among libraries of all types in the region The Library of California creates a network of libraries and library resources throughout the State of California Resources will be shared via technology and traditional means While all services provided are subject to the funding available, the Arroyo Seco Library Network services will be developed to include 1) Reimbursement for loaning materials to other libraries and patrons of other libraries, 2) Participation in full -text online subscriptions at no cost, 3) Linking library automation systems, 4) Access to regional reference support to augment local service, 5) Inclusion in regional contracts to improve telecommunications infrastructure among libraries, I Access to statewide network resource libraries to provide library patrons with resources and ,aterials not in local or regional libraries, and 7) The ability to participate in the governance of the Network and influence the direction of plans for network activities and services ATTACHED SUPPORTING DOCUMENTS Draft Resolution Application Forms FISCAL IMPACT None Operating Budget: None Amount Requested None Account Number- None Protect Phase. Appropriation Required Yes No x ORIGINATED. U&4\,6 1 Date: 71ag�p�j Debra Brighton, Library Director REVIEWED BY. d Date Mary Strenn. Ci v Ma aeer 0 024 Background 6 Discussion Continued The Arroyo Seco Library Network is in the process of development, and is accepting applications for membership from libraries in Region IV The Network is being organized as a 501c(3) non- profit tax - exempt corporation, whose members will be public, special, academic, and school libraries in Los Angeles and Orange Counties As a charter member, the El Segundo Public Library will be eligible for all state - funded regional services at no cost, and no members will be required to purchase any enhanced services or participate in a reduced /subsidized cost program as a condition of membership 025 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AUTHORIZING THE EL SEGUNO PUBLIC LIBRARY TO JOIN THE ARROYO SECO LIBRARY NETWORK. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. RECITALS. The City Council of the City of El Segundo, California does hereby find, determine and declare, as follows WHEREAS, the City of El Segundo Public Library desires to loin the Arroyo Seco Library Network, and WHEREAS, the City of El Segundo Public Library agrees to comply with all provisions of the Library of California Act and Regulations and conditions of membership within the network, and WHEREAS, the City of El Segundo agrees not to reduce funding for library services as a result of network participation, and will WHEREAS, the City of El Segundo agrees that its participating libraries 1 Share resources and services with other members of the Arroyo Seco Library Network 2 Provide resources and services for other members of the Arroyo Seco Library Network 3 Meet the minimum resource - sharing performance standards of the Arroyo Seco Library Network, and SECTION 2. That the City of El Segundo authorizes membership of the City of El Segundo Public Library in the Arroyo Seco Library Network, and SECTION 3. That the City of El Segundo authorizes and directs the City of El Segundo Public Library Director to sign the Arroyo Seco Library Network Membership Application Form and to take such other actions and execute such other documents as are deemed necessary to complete the membership process SECTION 4. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. RESOLUTION NO AUTHORIZATION TO JOIN ARROYO SEGO LIBRARY NETWORK PAGE NO 1 0 2 6 PASSED, APPROVED AND ADOPTED THIS DAY OF 2000. Mike Gordon, Mayor of the City of El Segundo, California ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing resolution, being RESOLUTION NO. was duly passed an adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the day of 2000, and the same was so passed and adopted by the following vote. AYES NOES ABSENT ABSTENTION: NOT PARTICIPATING: Cindy Mortesen, City Clerk City of El Segundo, California APPROVED AS TO FORM. ark Hens t y, City Att r ey RESOLUTION NO AUTHORIZATION TO JOIN ARROYO SECO LIBRARY NETWORK PAGE NO 2 027 ARROYO SEco LIBRARY NCTWORK Llstitution /Jw•isdiction Membership Application Form SEE ATTACKED INSTRUCTIONS FOR COMPLETING FORM 1, institution /Jurisdiction Name El Segundo Public Library 2. Mailing Address 111 W. Mariposa Avenue 3. City El Segundo 4. Zip90245 5. Street Address (if different from above) 6. City Same 8. Authorized Signature/TitleWUL, 1 &kJ6M _ Library Director 7. Zip 9. Contact Person/Title (if different from above) Same 10.Telephone (310) 524 -2730 11.Faa (310) 648 -7560 '.Email brighton @elsegundo.org 13. URL www.elsegundo.org 14. Designated Representative to Arroyo Seco Library Network Council Debra Brighton, Library Director 15. Designated Alternates Carey Rowan, Manager of Support Services he El Segundo Public Library requests membership in the Arroyo Sece Library Network, and (Nome of loodiatloa /)arlMledon) trees to comply with the provision of the Library of California Act and Regulations, and the conditions r membership within the network. The duty authorized action or resolution of the appropriate governing ithority of City of El Segundo authorizing membership is attached. (Nome of laoatelioa/lorlodietlea) Authorized Name: Debra Brighton Title: Library Director Date: 8/15/00 MMembership App- Ineti.Foemeev2 doc Mai 22.2000 <1 i ARROYO SCCO LIBRARY NETWORK Institution /Jurisdiction Membership Application Fornt A. Type of Library ❑ Academic ® Public ❑ Current California Library Services Act (CLSA) system member ❑ School ❑ Special B. Legal Basis of Operation ® Public agency ❑ Public school district ❑ Non - profit organization ❑ For -profit organization ❑ Other C. Number of participating libraries 2 A \Mcmbership App- Insn.FormmQ.doc May 22, 2000 2 02: A. ARROYO SECo UBRARY NETWORK Particittatina Library Membership Application Form SEE ATTACHED INSTRUCTIONS FOR COMPLETING FORM 1. Institution /Jurisdiction Name El Segundo Public Library 2. Library Name El Segundo Public Library 3. Mailing Address 111 W. MariPOaa Avenue 4. City El Segundo 5. Zip 90245 6. Street Address prdtnereaefrom 7. City Same S. Zip 9. Librarian Debra Brighton 10. Contact Person (if different from above) Same 11. Telephone 12. Fax (310) 524 -2730 (310) 648 -7560 13. Email brighton @elsegundo.org 14. Library URL ww.elsegundo.org The participating library will provide at least one of the following access service programs (check one or more): ® Interlibrary Loan ® Patron Referral/Onsite Services ® Direct Loan ® Electronic Direct Access A Varticpating Library Appl Applic doc May 22, 2000 030 ARROYO SEGO LIBRARY NETWORK Parliciyatine Library Membership Aaulication Form B. The participating library meets the following eligibility requirements: ® A written explicit mission statement and service objectives ® A fixed location in California ® Established hours of service ® An organized collection of information and materials accessible for use by its primary clientele - ® Designated, onsite, paid staff for library services. At least one staff person shall have a master's degree in library or information science or a California library media teacher credential issued by the Commission on Teacher Credentialing, but equivalent graduate education or demonstrated professional experience may be substituted for this requirement. ❑ Equivalency substitution requested (provide information that substantiates the equivalent graduate education or demonstrated professional experience of the individual in the library on an attached sheet) M An established funding base. I certify that the participating library will provide the above checked access service programs and that it meets all the above eligibility requirements. ❑ Current California Library Services Act (CLSA) public library member exempt from eligibility requirements. Signature Name: Debra Brighton Title: Library Director Date: 8/15/00 2 A Wanicrating Library Appl.Applic doc May 22. 2000 031 EL SEGUNDO CITY COUNCIL MEETING DATE: August 15, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Adoption of an ordinance which modified Ordinance No 1235, which established storm water and urban runoff pollution prevention controls, to meet the recently approved Standard Urban Storm Water Mitigation Plan (no fiscal impact) RECOMMENDED COUNCIL ACTION: Second reading and adoption of Ordinance, by title only, and /or, 2 Other possible action /direction. BACKGROUND AND DISCUSSION: On August 1, 2000, the City Council conducted the first reading of the Ordinance and scheduled the second reading and adoption for August 15, 2000 ATTACHED SUPPORTING DOCUMENTS- City Council Ordinance No 1320 FISCAL IMPACT: Operating Budget: Amount Requested, Account Number, Project Phase: Appropriation Required. No ORIGINATED BY: Date: AUG 820 REVIEWED BY. Date. dr ad C 3 2 PW-AUGUST 15 07 (Monday 817/00 4 00 P M ) 6 ORDINANCE NO. 1320 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, MODIFYING ORDINANCE NO. 1235 WHICH ESTABLISHED STORM WATER AND URBAN RUNOFF POLLUTION PREVENTION CONTROLS WHEREAS, urban storm water pollution is a leading cause of the impairment to receiving waters In the Los Angeles area, WHEREAS, timely Implementation of requirements will ensure that post - construction Best Management Practices become built Into the projects to help alleviate stormwater pollution from new development and significant redevelopment, WHEREAS, the California Regional Water Quality Control Board, Los Angeles Region Issued the final Board approved Standard Urban Storm Water Mitigation Plan ( SUSMP) requirements on March 8, 2000, WHEREAS, the City of El Segundo, as a national Pollutant Discharge Elimination System municipal co- permittee is required to adhere to the recently adopted SUSMP requirements, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES HEREBY ORDAIN AS FOLLOWS• SECTION 1 Chapter 6.26, Section 6 26 060, entitled Urban Runoff Mitigation for New Development, Subsections (a), (b) and (c) of Title 6 of the El Segundo Municipal Code, is hereby modified to read as follows Section 6.26.060 URBAN RUNOFF MITIGATION FOR NEW DEVELOPMENT (a) Prior to the submittal of an application for the first planning or budding approval for a New Development project such as single - family hillside residences, 100,000 square foot commercial developments, automotive repair shops, retail gasoline outlets, restaurants, home subdivisions with 10 to 99 housing units, home subdivisions with 100 or more housing units, all development locations within or directly adjacent to or discharging directly to an environmentally sensitive area, and parking lots 5,000 square feet or more or with 25 or more parking spaces and potentially exposed to storm water runoff, an applicant shall either submit to the Department of Public Works a separate Urban Runoff Mitigation Plan or shall address the requirements of urban runoff mitgaton, as expressed in subsection (b) below, in other required plans (b) Urban runoff mitigation features shall address the, included but not limited to the, following applicable standards as set forth in the most recent Standard Urban Storm Water Mitigation Plan as adopted by the Ca)domia Regional Water Quality Control Board, Los Angeles Region (1) Adhere to the peak storm water runoff discharge rates (2) Natural area conservation Is to be followed if applicable (3) Storm water pollutants of concern are to be minimized (4) Slopes and channels are to be protected MODIFY ORDINANCE NO 1235 STORM WATER & URBAN RUNOFF PAGE NO 1 C 3 3 (5) Storm drain system stenciling and signage is to be provided (6) Outdoor material storage areas are to be properly designed (7) Trash storage areas are to be properly designed (8) Provide proof that on -going Best Management Practices maintenance is being provided (9) Design standards for structural or treatment control Best Management Practices are to be met (10) Provisions applicable to individual priority project categories are to be met (11) Follow the appropriate procedures for waiver applications if the requirements are impractical (12) Follow the recommendation on the use of infiltration Best Management Practices = _ (13) Follow the appropriate procedure in accepting alternative certification for storm water treatment mitigation (c) The City's evaluation of the urban runoff mitigation features in a plan shall ascertain how well the proposed plan meet the combined objectives set forth in subsection (b) above, the standards set forth in the most recent edition of the California Storrs Water Best Management Practice Handbooks, produced and published by the Storm Water Ouality Task Force, specifically the sections on BMP Selection, Source Controls and Treatment Controls, the Development Planning for Storm Water Management Manual published by the Los Angeles County Department of Public Works, and such additional measures as the City may require Each plan will be evaluated on its own meets according to the particular characteristics of the project and the site to be developed SECTION 2• If any section, subsection, sentence, clause, portion or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining section, subsections, sentences, clauses, portions or phrases of this Ordinance The City Council hereby declares that it would have passed this Ordinance. and each and every section, subsection, sentence, clause, portion or phrase not declared invalid or unconstitutional without regard to whether any other section, subsection, sentence, clause portion or phrase of the Ordinance would be subsequently declared invalid or unconstitutional SECTION 3- This ordinance shall become effective thirty days after its adoption SECTION 4: The City Clerk shall certify to the passage and adoption of this ordinance, shall cause the same to be entered in the book of original ordinances of said City, shall make a notice of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted, and shall within 15 days after the passage or adoption thereof cause the same to be published or posted in accordance with the jaw MODIFY ORDINANCE NO 1235 STORM WATER & URBAN RUNOFF PAGE NO '_ e 3 4 In PASSED, APPROVED AND ADOPTED this 15"' day of August, 2000. Mike Gordon, Mayor City of Ell Segundo, California ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) 1, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing Ordinance No 1320 was duly introduced by said City Council at a regular meeting held on thelst day of August, 2000, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 15'0 day of August, 2000, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN Cindy Mortesen, City Clerk APP VED AS TO FORM ark D Heh9ley, City A ey MODIFY ORDINANCE NO 1235 STORM WATER & URBAN RUNOFF PAGE NO 3 r35 EL SEGUNDO CITY COUNCIL MEETING DATE: August 15, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION. Revocable lease agreement between the City of El Segundo and Pacific Building Interiors, Inc , to lease a portion of City property at 630 South Douglas Street (annual revenue = $4,968.00) RECOMMENDED COUNCIL ACTION* Approve the lease agreement and authorize the Mayor to execute the agreement on behalf of the City. BACKGROUND AND DISCUSSION: The City owns a 173 acre property located on the east side of Douglas Street, south of Alaska Avenue, which was acquired by the City for extending Douglas Street Since April 1999, approximately 4,000 square feet of this property had been leased to Industrial Contracting Engineers, Inc Industrial Contracting Engineers, Inc , has notified the City that it wishes to vacate the leased area. Pacific Building Interiors, Inc., has requested that it be permitted to lease the vacated area under the same terms The monthly lease fee of $400.00 paid by Industrial Contracting Engineers, inc., has been adjusted to $414 00, based on the change in the Consumer Price Index ATTACHED SUPPORTING DOCUMENTS. 1 Proposed lease agreement. 2 Letters from Pacific Building Interiors, Inc and Industrial Contracting Engineers, Inc FISCAL IMPACT. Will provide an annual revenue of $4,968.00 Operating Budget: Amount Requested* Account Number: Project Phase. Appropriation Required- No ORIGINATED BY- Date: Andres Santamana Director of Public Works AUG 8 2000 REVIEWED BY: Date: Mary Strenn. City/Mari er dpr�eo 7 PW- AUGUST15 01 (ruesday 81&00 1100 A M) ■ 1) 3 6 CITY OF EL SEGUNDO REVOCABLE LEASE AGREEMENT THIS LEASE, made this 15T" day of August, 2000, by and between the CITY OF EL SEGUNDO, CALIFORNIA, a municipal corporation (hereinafter referred to as "LESSOR "), and_ PACIFIC BUILDING INTERIORS, INC. (hereafter referred to as "LESSEE ") WITNESSETH: i LESSOR does hereby lease to LESSEE and LESSEE does hereby take from LESSOR certain premises located in the City of El Segundo, County of Los Angeles, State of California, consisting of approximately four thousand (4,000) square feet, immediately adjacent to Douglas Street, of a portion of Lot 22, Tract No. 26557 as shown on map recorded in Book 675, Page 97, in the Office of the County Recorder of the County of Los Angeles, State of California, described as shown on attached Exhibit "A" 2 The term of this Lease shall be from month to month, terminable by either party upon thirty (30) days prior written notice to the other party At the expiration of the term, or upon any earlier termination of this Lease, LESSEE will quit surrender the premises herein leased, and the parties shall have no further rights or obligations as to each other with respect to said Lease 3 For the period commencing on the lease start date and continuing thereafter on a monthly basis until terminated, LESSEE shall pay as rent for said premises, N 1AGREEMNTPACIFIC -BUILD LSE (728100) 1 037 the sum of $414.00 in lawful money of the United States, payable in advance, on the first business day of each and every month to LESSOR at 350 Main Street, El Segundo, California 90245, unless otherwise directed in writing by LESSOR In the event this lease commences on any day other than the first of the month, or terminates on any day other than the last of the month, LESSEE shall pay to LESSOR a pro -rata share of the monthly rental based upon actual days of occupancy. 4 The monthly rent shall be adjusted annually, based on the Consumer Price Index for the Los Angeles area. 5 LESSEE acknowledges that it has received a copy of the conditions _ enumerated In that certain deed dated January 11, 1968, by which LESSOR acquired title to the property that is the subject of this Lease, and LESSEE agrees to comply with each and every condition so imposed in said deed during its tenancy on the above - described property LESSEE has conducted its own title report and due diligence and is not relying on any representations or warrantees made by City. 6 LESSEE agrees that access to the leased premises will be only from Douglas Street. LESSOR and LESSEE agree that the intended purpose of this Lease is to provide a two (2) person office trailer and additional parking for vehicles and all other uses shall be prohibited LESSEE will be permitted to use existing driveways No new curb cuts or ramps shall be installed by LESSEE. 7 LESSEE agrees to maintain the premises in a clean and sanitary condition LESSEE shall not place or construct any buildings and/or structures on the premises At the termination of this lease, LESSEE shall return the premises to LESSOR in the same or better condition as the premises were in as of the time of commencement N \AGREEMNTIPACIFIC- BUILD.LSE (728/00) z n. .iR of this lease 8 LESSEE understands that LESSOR has acquired this property primarily for the purpose of extending Douglas Street in the City of El Segundo to cross an existing railroad track, and LESSEE agrees that, in the event LESSOR should require the subject property for such relocation or for any other purpose solely under the LESSOR'S discretion, LESSEE does hereby consent to LESSOR canceling and terminating this Lease upon thirty (30) days written notice addressed to LESSEE LESSEE agrees to vacate the said premises within the above thirty (30) day period and remove all LESSEE'S installations prior to the termination of the Lease. LESSEE may cancel and terminate lease upon thirty (30) days written notice to the LESSOR 9 LESSEE shall procure and keep in effect during the term hereof a combined single limit policy of $1,000,000 for bodily injury and property damage liability LESSEE shall provide LESSOR with an endorsement and evidence of insurance which provides for LESSOR, its officers, agents, and employees to be additional insured but only in respect to the Leased Premises and which provides LESSOR with (30) days' notice of any material change or cancellation of said insurance coverage, by registered mail. 10 LESSEE shall not have the right to sublet or assign the whole or any part of said premises, provided, however, that LESSEE may do so with the written consent of LESSOR Any such subletting or assignment shall not relieve LESSEE of any liability or obligation under this Lease. N VAGREEMWRPACIFIC•BUILD LSE (7/28100) 3 0 � n 11 Any notice from LESSOR to LESSEE shall be deemed duly served if mailed by certified mail, return receipt requested, addressed to LESSEE at. Attention: Mr. Steve Yeschenko Pacific Building Interiors, Inc. 5363 Alhambra Avenue Los Angeles, CA 90032 Telephone: 323 - 223 -1124 Facsimile: 323 -222 -4073 Any notice from LESSEE to LESSOR shall be deemed duly served if mailed by certified mad, return receipt requested, addressed to LESSOR at the address set forth in Paragraph 3 hereof In each case, the customary certified mail return receipt shall be conclusive evidence of such service Either party may change its address to which a notice shall be sent by giving written notice of such change to the other party as provided herein 12. LESSEE recognizes and understands that this Lease may create a possessory Interest subject to property taxation and that the LESSEE may be subject to the payment of property taxes levied upon such Interest. 13 The terms of this Lease shall be binding upon and for the benefit of the parties hereto, their respective successors, representatives and assigns 14. This lease represents the final agreement of the parties with respect to the subject matter hereof and supersedes all prior written and oral agreements and understandings of the parties with respect to the subject matter hereof. 15. In the event that any litigation is commenced respecting the enforcement or interpretation of this LESSEE, the prevailing party shall be entitled to its N 1AGREEMNIWACIFIC -BUILD LSE (7/28100) 4 m o reasonable attorney's fees and costs. IN WITNESS WHEREOF, this Instrument has been duly executed as of the day and year first above written LESSOR' CITY OF EL SEGUNDO, CALIFORNIA Mike Gordon, Mayor City of El Segundo LESSEE- Pacific Building Interiors, Inc. 5363 Alhambra Avenue Los Angeles, CA 90032 m Steve Yeschenko ATTEST Cindy Mortesen City Clerk (SEAL) APPROVED AS TO FORM. ark D. H nsley City Attorney N 1AGREEMNTPACIFM BUILD LSE (728/00) S G 4 1 in c N 1 C'7 N �D N t � Q Or- N r U\ Q Q L NQ c .GZ'9s J <'96Z WW J Q R N NJ O Q J QJ U ,08 N sa•uz I N W J U N —T- ,zr ' N ' f i 1 I I I I � W 1 j i q n 2 I W H I I I I a W U vi t a' g W a � a f I f f f a W J (' P LL W N W d �' w ° OQQ a �a } N N U iD O ° JO 0 I A M_I-- W X w z Pacific Building Interiors, Inc 5363 Alhambra Avenue • Los Angeles, Calrfomia 90032 (323) 223 - 1124 License No 188629 FAX (323) 222 - 4073 July 26. 2000 City of El Segundo 350 Main Street El Segundo, CA 90245 Attention Bellur Devaraj Re Lease Agreement 2690 601 S Douglas El Segundo, CA 90245 Gentlemen Pacific Building Interiors, Inc would like to assume the lease currently being held by Industrial Contracting Engineers, Inc We agree to all requirements and specifications of the current lease letter I C E is no longer is interested in retaining the lease as of August 15, 2000, per attached If you could assist us in accomplishing this lease transfer, we would greatly appreciate it Thankmg you in advance, we remain Yours truly, PACIFIC BUILDING INTERIORS, INC. L E'� �Sid?—:--/ L ' Sr Project Manager 043 0 Industrial Contracting Engineers, Inc. July 13, 2000 Cny of El Segundo 350 Mam Street El Segundo, CA 90245 Re Lease Agreement 2690 To Whom It May Concern: Please consider this written notice of our cancellation of the above mentioned lease effective August 15, 2000. Sincerely, INDUSTRIAL CONTRACTING ENGINEERS INC a Brian Y Silver — Chwf Financial Officer cc Bellur Devaraj Indamol Conutmng Eogu mr; Inc • 421 E Connor, Avenue • Anrheno, CA 92605 (714) 491 -1317 • FAX (714) 491 -2333 044 EL SEGUNDO CITY COUNCIL MEETING DATE: August 15, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION. Agreement between the West Basin Municipal Water District and the City of El Segundo for project coordinator services regarding the West Basin Water Recycling Project (estimated cost of services = $53,333 00) RECOMMENDED COUNCIL ACTION- Approve agreement and authorize the Mayor to execute the agreement on behalf of the City BACKGROUND AND DISCUSSION. The Water District is proposing the installation of reclaimed water lines between the District's plant on Hughes Way and the Chevron Oil Refinery The alignment of these lines is within the City Golf Course and El Segundo Boulevard between Sepulveda Boulevard and Main Street The enclosed agreement provides for the City to retain a project coordinator to assist the City in facilitating traffic, accessibility and Golf Course issues, and for the District to reimburse the City for the incurred costs ATTACHED SUPPORTING DOCUMENTS: Agreement between West Basin Water District and the City of El Segundo. FISCAL IMPACT NONE Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: ORIGINATED BY n Q� Date: Andres Santamana. Director of Public Works AUG $ 200 REVIEWED BY „ Date. F"- AUGUSTI5 02 guesday 8000 1100 A M ) 8 U-tJ AGREEMENT between - = WEST BASIN MUNICIPAL WATER DISTRICT and CITY OF EL SEGUNDO for PROJECT COORDINATOR SERVICES, WEST BASIN WATER RECYCLING PROJECT As of , the West Basin Municipal Water District, herein "DISTRICT," and the City of El Segundo, herein "CITY," agree as follows SECTION 1. PURPOSE DISTRICT is in the process of installing a series of pipelines in the CITY streets and other non -CITY rights -of -ways for the project known as the WBMWD — Chevron Reverse Osmosis Pipelines Project (PROJECT) DISTRICT by State Water Code is exempt from CITY regulations, rules, laws and ordinances in the use of CITY streets for such a project During the installation of the pipelines there will be a need for coordination of CITY services and infrastructure to facilitate an efficient project construction program of DISTRICT with the least impact on the CITY residents, businesses and property This Agreement provides for such coordination. SECTION 2. RETENTION BY CITY OF PROJECT COORDINATOR The CITY shall retain the services of an experienced Project Coordinator as a consultant to the CITY SECTION 3. SERVICES BY PROJECT COORDINATOR The Project Coordinator shall perform coordination services as listed in the enclosed Exhibit "A" and in general as needed to assist the parties in installing the pipelines in an efficient manner with the least impact on the parties. It is anticipated that the Project Coordinator will be needed for eight (8) months If unforeseen circumstances prevail which suggest the need for additional work by the consultant, the parties will meet and confer in an attempt to negotiate an amendment to this Agreement. N VAGREEMNTWBMWD AGR (727/00) 1 046 . SECTION 4. The Project Coordinator, in carrying out the duties and responsibilities of the position, shall be generally guided by the Permit to do Work in the Public Street issued by the CITY, to DISTRICT for the PROJECT. SECTION 5. REIMBURSEMENT OF CITY EXPENSES DISTRICT shall reimburse CITY for the expenses of the Project Coordinator not to exceed $53,333 as follows The hourly cost for the Project Coordinator The reimbursable expenses of the Project Coordinator SECTION 6. Billings Billings by the CITY to DISTRICT shall be on a timely basis and shall follow the CITY'S standard billing procedures Details of the billing shall be provided by the CITY to DISTRICT SECTION 7. Payment Schedule DISTRICT shall pay the CITY within sixty (60) days of receipt of the invoice from the City subject to post audit adjustments presented by DISTRICT to the CITY SECTION 8. Mutual Indemnification DISTRICT shall indemnify, defend and save harmless CITY, its officers, agents and employees from and against any and all liability, expenses (including defense costs and legal fees), claims, losses, suits and actions of whatever kind, and for damages of any nature whatsoever, including but not limited to, bodily injury, death, personal injury, or property damage ansing from or connected with DISTRICT's performance hereunder. CITY shall indemnify, defend and save harmless DISTRICT, its member, agents, officers and employees from and against any and all liability, expenses (including defense costs and legal fees), claims, losses, suits and actions of whatever kind, for damages of any nature whatsoever, including but not limited to, bodily injury, death, personal injury or property damage ansing from or connected with CITY'S and or CITY'S Project Coordinator's performance hereunder. N WAGREEMN nWWWD AGR (7127/00) Z 047 SECTION 9. Examination of Records Any duly kuthonzed representative of DISTRICT shall have access to and the right to examine any pertinent books, documents, papers, and accounting records of CITY which pertain to this Agreement for period of three (3) years after expiration of this Agreement SECTION 10. Notices Any notice sent by prepaid post to the last known address of the addressee shall be deemed to have been given within in the ordinary course it would be delivered The notice addresses are respectively SEND AGREEMENT TO: City Clerk's Office " City Hall 350 Main Street El Segundo, CA 90245 -3895 Telephone 310 - 524 -2307 PLEASE MARK THE OUTSIDE OF THE ENVELOPE "AGREEMENT" CITY CONTACT: Attention Mr. Andres Santamana Public Works Director Department of Public Works 350 Main Street El Segundo, California 90245 -3895 Telephone: 310 - 524 -2356 Facsimile: 310 - 640 -0489 N �AGREEMMIWBMWD AGR (7127/00) 3 MM DISTRICT CONTACT: AttentionF Mr Darryl G. Miller General Manager West Basin Municipal Water District 17140 South Avalon Boulevard, Suite 210 Carson, CA 90746 -1296 Telephone 310 - 217 -2411 Facsimile: 310 - 217 -2414 SECTION 11. Entire Agreement and Amendments This instrument constitutes the entire Agreement between DISTRICT and CITY covering the subject matter. No modifications or amendments shall be valid unless in writing and signed by DISTRICT and CITY SECTION 12. Attornev Fees Should any litigation be commenced between the parties to this Agreement concerning any rights, duties or obligations ansmg therefrom or related in any way thereto the party prevailing in such litigation shall be entitled, in addition to such other relief as may be granted in the litigation, to its attorneys fees incurred in said litigation N WGREEMN- nWBMWD AGR (727100) 4 049 IN WITNESS WHEREOF, DISTRICT and CITY hereto have caused this Agreement to be _duly executed and in the respective names as of the day and year first above written APPROVED: WEST BASIN MUNICIPAL WATER DISTRICT: Darryl G Miller General Manager ATTEST: go Cindy Mortesen City Clerk (SEAL) APPROVED AS TO FORM: By ac- �J Mark D ens ey City Attorney Enclosures CITY: Mike Gordon, Mayor City of El Segundo, CA Exhibit A — Scope of Project Coordinator Services N �AGREEMNTWSMWD AGR (727100) 5 050 EXHIBIT "A" n5I SCOPE OF WORK FREEMAN agrees to provide the scope of required services, which shall include, but are not limited to, the following items Design Phase The Project Coordinator will review the District's plans and specifications with a focus on potential problem areas for the City of El Segundo (City) and to make recommendations on how these problems can be avoided The Project Coordinator will also provide input to City staff in providing directions for the project contractor in order to m,m.mzr potential access problems to area businesses, residents, the City Golf Course and traffic related concerns. Construction Phase. The Project Coordinator shall attend the regular construction meetings of the WBMWD and its contractor and monitor the daily construction activities of the project. In this role, the Project Coordinator will act as the City's oversight representative to assist the WBMWC to achieve work progress. attend all construction related meetings, work with the WBMWD and its contractor to minimize and mitigate potential problems during constriction, particularly as they relate to traffic, Cin Infrastructure, access to adjacent properties during construction, Fire, Police and other emergency access, etc. The Project Coordinator will act as the single City contact person for the WB M WD for coordination between the District or its contractor with the various City Departments and coordination with the District's Community Outreach Program The administration of the construction contract for this project, including construction management, inspection and construction engineering, will be provided by the WBMWD. The Project Coordinator will also Investigate all citizen complaints and claims and work with the WBMVA' D and its contractor to satisfactorily resolve these complaints The Project Coordinator shall maintain a current log of each complaint and claim indicating the status of the resolution of each matter The Project Coordinator is to maintain good public communications and relations with all effected parties, including anticipating in advance those parties that may be effected. One primary concern of the City is the alignment of the pipelines within tho City Golf Course It is the City's intent to nummize the removal of the Golf Course improvements and the disruption to its operations In this regard. the Project Coordinator will be working directly with the City Recreation and Parks Department and the operators of the Golf Course The City expects the Coordinator to be flexible in working hours on an as needed basis with the goal of not exceeding an average of forty (40) hourstweek. Predicated upon work schedules, the Project Coordinator may be occasionally required to work on weekends and nights on an as needed basis a.s EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE: August 15, 2000 AGENDA HEADING: Consent Agenda Award of contract to H.B Covey, Inc., for the rehabilitation of Sanitary Sewer Pump Station No 13 — Project No PW 00 -1 A (contract amount = $359,900.00). RECOMMENDED COUNCIL ACTION. Appropriate $40,000.00 from completed sewer Capital Improvement Projects and $125,000 00 from unappropriated fund balance General Fund. 2 Award the contract to the lowest responsible bidder, H.B Covey, Inc , in the amount of $359,900 00. 3 Authorize the Mayor to sign the standard Public Works construction agreement after approval as to form by the City Attorney BACKGROUND AND DISCUSSION The City Council on March 8, 2000, adopted plans and specifications for the rehabilitation of Sanitary Sewer Pump Station No 13 (at the northeast comer of the Sepulveda Boulevard /Grand Avenue intersection), and authorized staff to advertise the project for the receipt of construction bids On June 6, 2000, the City Council rejected the two (2) bids received (the lowest bid amount was $475,000.00) and authorized staff to re- advertise the project Based on the bids received on the second bid opening date of July 18, 2000, staff recommends award of contract to H.B Covey, Inc., in the amount of $359,900.00. ATTACHED SUPPORTING DOCUMENTS: Bid results and additional discussion FISCAL IMPACT - Capital Improvement Program: $271,600 00 with balance remaining of $215,000.00 Amount Requested: $380,000.00 including 5 % contingencies Account Number: 301 -400- 8205 -8360 Protect Phase: Award of contract Appropriation Required: Yes- New - $125,000 00 Reclass - $ 40,000.00 from 301 -400 -8704 -8317 ORIGINATED BY' Date. Andres Santamana Director of Public Works AIIG $ 2000 REVIEWED BY: Date: ff�� Mary Strenn, Citv Mar&ber PW- AUGUST15 04 (Tuesday 8000 2 00 P V5 `9 July 18. 2000 - Bid Results H.B Covey, Inc $359,900.00 Olsson Construction $419,000.00 MMC, Inc $447,101.00 Berkeley Engineering, Inc $496,50000 Nord -Rhein Corporation $501,748.00 Additional Discussion The scope of the work includes replacement of two (2) pumps, electrical system, piping, sealing of the wet well, pump station roof modifications and installation of a 150 KW standby electrical generator Including construction contingencies, staff recommends a construction budget of $380,000.00 The current balance in the Capital Improvement Project budget 1s $215,000.00 Staff 1s proposing the following to establish the project budget. Current project fund balance II Funds remaining in completed sewer projects 1 Upgrade of sewer flow meters (account no.- 301 - 8204 -8461) 2 Sewer main repair (account no. 301 - 8204 -8317) III Unappropriated Capital Improvement Funds Total Construction Budget $215,000.00 $ 22,000.00 $ 18,000.00 $125,00000 $380,000.00 PW- AUGUST15 04 (Wednestlay 62(00 1 00 P M ) n5� EL SEGUNDO CITY COUNCIL MEETING DATE: August 15, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Award contract to Pavement Coatings Company for fiscal year 1999 -2000 slurry seal — Project No PW 00 -11 (contract amount = $100,893 16) RECOMMENDED COUNCIL ACTION- Award contract to the lowest responsible bidder, Pavement Coatings Company, in the amount of $100,893.16 2 Authorize the Mayor to execute the standard Public Works contract after approval as to form by the City Attorney BACKGROUND AND DISCUSSION. On July 18, 2000, the City Council adopted plans and specifications for the 1999 -2000 Slurry Seal Project and authorized staff to advertise the project for receipt of construction bids Based on the bid opening on August 8, 2000, staff recommends award of contract to the low bidder, Pavement Coatings Company, in the amount of $100,893 16 ATTACHED SUPPORTING DOCUMENTS 1 Bid results 2 Map of area to be slurry sealed FISCAL IMPACT: Capital improvement Program Yes Amount Requested. $100,89316 Account Number: 106 -400- 8203 -8357 Project Phase: Award of contract Appropriation Required. No ORIGINATED BY � 4 � Date' .,in n 111nnn 055 PW- AUGUST15 03 (Tuesday 88/00 1 00 P M10 BID RESULTS On August 8, 2000, the City Clerk received and opened the following bids Pavement Coatings Company $100,89316 California Pavement Maintenance Company $108,312.90 Doug Martin Contractors $121,249.96 Roy Allan Slurry Seal, Inc $140,61445 PW- AUGUSTiS 03 (Tuesday 8/8/00 100 P M) 056 M aN Rllwl .j Rwl wp µ jr I"Nnoe 7lV7Y[ on = lrnli • v YfaORY•w L .R•YIM J r L L erlr .RYY 0 • t „• .. lull �A.ae • e It w J t o I t 3 2 • 6 2 Z W ! J ` W i � Y Y N J V W 2 0 0 i i e Nn a a9 17uwt1 ) m OomIM •Rw `Ei tN0 k A_ l MWOM17RM 10 ilp • 00710 Not = tf Y .w ru.w � • i9 w • aN Rllwl .j Rwl wp µ jr ram 1010 t[l u lrnli • v YfaORY•w L .R•YIM J r L L erlr .RYY 0 • u Oslo= 2 Ml.1w.H ; It 041" N 7• r[ 011 Y u .wm y E L Refs i L wORlin 4f � 1100 _ Im 9Y 9N 057 aN Rllwl .j Rwl Y « W w • r t • T' 2 Ml.1w.H ; w 7• r[ 011 Y O 7• 1H. awel.w f i .YafY1N � M wl.a u � 1100 _ Im 9Y 9N u M l/rt1 w 1Y 11.RRT1 0R 109..1. 057 « S �• w L 1•ur IS .lfY D Z W N \ W O J W a i a LL F- o — _ V V t 4L 057 EL SEGUNDO CRY COUNCIL MEETING DATE: August 15, 2000 AGENDA REM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Agreement with David Evans & Associates, Inc., for $77,500.00 to provide professional engineering services for the re- construction of Storrs Water Pump Station No 16, located at the intersection of Eucalyptus Drive and Holly Avenue (estimated portion to be spent in fiscal year 1999 -2000 = $17,210 00) RECOMMENDED COUNCIL ACTION. Approve standard agreement and authorize the Mayor to execute the agreement on behalf of the City BACKGROUND AND DISCUSSION. On June 6, 2000, the City Council authorized staff to solicit proposals from consultants to provide design and construction support services for the re- construction of Storm Water Pump Station No 16. Pursuant to a review of the three (3) proposals received, staff recommends David Evans & Associates, Inc , to provide the professional engineering services ATTACHED SUPPORTING DOCUMENTS. 1 Additional discussion 2 Scope of work and rate schedule FISCAL IMPACT. Operating Budget- Yes Amount Requested: $17,210.00 Account Number: 001 - 400 - 4101 -6206 Project Phase- Design Appropriation Required: No ORIGINATED BY / Date. (�''' ellr. R 71111111 PW- AUGUST15 DS (Mmday 817/00 4 00 P rA ADDITIONAL DISCUSSION The scope of the consultant services includes preparation of plans and specifications for construction bidding and support services during bidding and construction Staff received the following proposals for professional engineering services for this project David Evans & Associates, Inc $ 77,500 00 RBF & Associates $112,258.00 AKM Consulting Engineers $147,47400 For the current fiscal year, the consultant will be authorized to perform the preliminary engineering studies to develop a project report at an estimated cost of $17,210 00 This work is proposed to be funded by the contractual services account of the Engineering Division's operating budget The remaining portion of the consultant's work, including preparation of construction plans and specifications, will be authorized only if the remainder of the project budget request is approved for inclusion in the fiscal year 2000- 2001 Capital Improvement Program Staff is recommending this approach to enable completion of project design and construction before the year 2001 winter storm drain PW- AUGUST15 05 (Wednesday 812100 4 00 P M) 059 EXHIBIT "A" J.e SCOPE OF SERVICES The Scope of Services stated in the Request for Proposal (RFP) is incorporated herein by reference as part of this proposal The following is the description of the tasks involved in this project TASK 1 - PRELIMINARY DESIGN Subtask 1.1— Meetings Within one week of receiving the Notice to Proceed, we will schedule a meeting with the City and other concerned parties /agencies The purpose of this meeting will be to discuss major features of the design, identify major concerns regarding flooding source and traffic impact during construction, obtain additional information, input and general guidance from the City, establish clear lines of communication between all parties involved so that the project can proceed in an expeditious matter Since this project is to be completed on a fast schedule, initial design approvals are the most critical The Project Team proposes to hold monthly meetings with the City and regulatory agencies for expedient process This approach has worked well for the Team before and it helped to keep the project design on track Subtask 1.2 — Research and Review Information such as the as -built improvement plans and other available documents including the hydrologic and hydraulic calculations for Project 431 at Richmond and Holly Avenue will be obtained Pernut documents for the connection of the 18" steel force main from the pump station will be gathered All available street improvements plans for Holly Avenue and Eucalyptus Drive will also be gathered along with assessors parcel maps, right -of -way and easement documents The collected documents will be reviewed and verified with site visit notes for any discrepancies Subtask 1.3 — Utility and Agency Coordination The preplanning department of DIGALERT(UTI) will be contacted to obtain the list of the parucipating utility members within the project area Notifications will be sent via certified mail with the project location map and appropriate Thomas Brothers map requesting information for the location of the utility Since the hydrology and the related submittal will be reviewed by the LACDPW for pernut processing, close coordination with the County including periodic meetings and plan check review comments meetings will be essential to expedite the plan checking time and the processing time with the County DEA's team has City of El Segundo Storm Water Pump Station Reconstruction 37 061 performed numerous projects working with the County and are very farruliar with the County's process and their requirements Subtask 1.4 — Hydrology Study The available topography map from the City or USGS map will be used as the base map for the hydrology map preparation At the beginning of the project, we will walk through the project site to verify the sub -area boundary The drainage patterns along the existing cross gutters and curb returns will be determined and verified with the existing hydrology map Based on the drainage patterns and tributary areas, the hydrology basin areas will be divided for the analysts A hydrology map will be prepared showing the sub- areas, node numbers, and the peak discharges. The hydrology will be performed in accordance with the LACDPW's hydrology manual Since this is a sump location, the system has to be designed for 50 -year storm in accordance with the County criteria Peak discharges will be computed for 10 -year, 25 -year and 50 -year storms However, if there is only one 18" force main and additional force mains or upgrades are not proposed, then the detention volume in relation to the discharge capacity will be determined Modified rational hydrology (MORA) will be used to compute the peak discharge Flood routing analysts will be performed for a flow - through detention basin The baseball field topography map will be needed to compute the volume of water at staged increments in elevation A rating curve will be prepared using the volume and discharge at every incremental increase in elevation for the ponding water The pump system curve will be calculated with the increase in the water level of the detention basin and the losses in the force roam for the change in the discharge Sump pump discharge will not be included in the discharge curve since the quantity will be very small The discharge will be calculated based on the first pump on at a specific elevation and both pumps on at a higher elevation As explained in our understanding, the total allowable discharge is restricted by the capacity of the County storm drain downstream Based on the hydrology of Project 431, the maximum discharge will thatch the allowable discharge by the County The storage - discharge curve for the detention basin routing depends on the downstream constraints Typically, if the urban hydrograph has steep peaks, the required volume for storage will be smaller than for a hydrograph with a soft peak The size of the proposed pumps, requirement for upgrading the force train or adding another force main, size of the engine, size of the pump station and the level of ponding in the baseball field depend upon the allowable discharge by the County Subtask 1.5 — Preliminary Design Based on the existing utility information, set Existing pump station improvement be used as a base map for this task a tentative layout for the station will be plans and other improvement plans will All available survey information and City of El Segundo Storm Water Pump Station Reconstruction 38 062 geotechnical information will be obtained from the City and County Alternate layout studies will be performed with pros and cons of each layout to reach a sound solution and criteria for the design Since the bottom of the station is 15 feet below the street level at this sump location, ground water level variations in this area need to be monitored for potential uplift If there is potential uplift the new wet well will be designed to counter any uplift force The station configuration for the addition of a new well will depend on the selection of the pump and engine The preliminary design for the station will include the selection of pumps based on pump curve and system curve, engine size, size of the pump barrel, pump cycling time, force main, check valves, sump pump layout and discharge line, etc The preltmmnary design will include the horizontal layout and vertical layout The results of the preltmmary design and cost estimate may require the City to review the design criteria again We will select an engine with low RPM for longevity and low noise level The enclosure will be designed for 45 decibels outside The automatic transfer switch will be located within the enclosure Alternative options and numerous site layouts will be considered based on • Proposed capacity • Using the existing wet well and the existing pump and engine configuration • Minimum loss of parking space • Cost effective and creative layout • Satisfying the requirements of NEMA, CALOSHA for mtmmum space requirements • Force main connections • Valves, engine exhaust, ventilation for intake for the engines, ventilation for the station • Access for removal and replacement of pumps and engines one at a time • Roof hatch, over head rail and trolley • Fiberglass enclosure, CMU and brick facing • Electrical power for sump pump, ventilation, lights and other fixtures • Gas fueled engines for both pumps • Replacement of the existing pump and engine • Demolition of the existing building and construction of a new building to accordance with seismic loading requirements • Phased construction • Aesthetics of the exterior to match the neighborhood • Location of the engine exhaust pole • Relocation of 36" CMP drain • Relocation of curb, gutter and side walk • Location of Motor Control Center • Type of level controller • SCADA • Permit from AQMD City of El Segundo Storm Water Pump Station Reconstruction 39 06? Factors such as community inconvenience during the construction, traffic detours, and optimum layout for cost - effectiveness will also be considered The alternate layouts, relocation and the cost involved will be presented in a report format to the City We will evaluate the use of a pre - cast "Quikset" type concrete vault or large diameter manhole or custom design for the proposed wet well expansion depending on the proximity to existing structures and utilities One alternative scenario is presented in Exhibit B In this alternative a large diameter manhole is assumed along with a larger diameter bottom slab to counteract any uplift forces The proposed engine will rest on the at -grade slab of the pump station A cost estimate and preliminary construction schedule will be developed The existing ventilation system will studied and, if needed, improvements will be recommended. Required easements and permits for the construction will be clearly identified in the report The Project Study Report will include • Evaluation of different alternatives • Requirements of the operation and maintenance department • Pump Station layout, with pump and motor configurations, ventilation system, location of the electrical controls, type of level controller and rrummum space requirements per CALOSHA, wet well, dry well, screen, gas sensors • Plan view, elevauons and cross sectional elevations, cross sections • Piping layout, manifold, drain lines and connection to the force main, valves etc • System curve • Pump curve and selection of pumps • Site improvements • Cost estimate Based on the review and coordination meeting, the preliminary design will be finalized to use as a guide for the final design TASK 2 - FINAL DESIGN Subtask 2.1 — Field Design Survey Preliminary research will be conducted at the City and the County to obtain the record of the street centerlme monuments and ties to the monuments. A control survey will be performed using NAD 83 and the County approved vertical datum We will perform the aerial survey for I "=40' scale at 1 foot contour intervals for the baseball field area that would be required to calculate the volume of storage Additional field survey will be performed to verify the aerial survey, locate all topographic features using radial shots and dipping of storm drain manholes and others. Any utility boxes, structures, etc within the project reach will be located in the field survey Anel survey would be used to create base map for the design of the site plan of the pump station In addition, a field cross section survey will be used to design the curb, gutter, sidewalk and other street improvements We will produce a report showing centerline station, offset from centerline and elevation of City of El Segundo Storm Water Pump Station Reconstruction �, 640 all locations Copies of all level circuit notes, field notes and raw data files will be submitted to the City Subtask 2.2 — Base Map Preparation The base map will be prepared in AutoCAD or Intergraph format Recently, the County has adopted the Intergraph format and has published standards for drafting in Intergraph The field survey will be reduced to create supplementary data for the base map Field survey and existing plan research will be used to establish the existing street showing all current improvements Subtask 2.3 — Geotechnical Inveshgation This task will be performed by our consultant, Group Delta Design of the wet well, bottom slab, ground water level, and slab at grade will be designed in accordance with the geotechmcal recommendation. Geotechnical investigation scope of services will be as follows • Review of readily available background materials, including published geologic maps and literature, in -house information, stereoscopic aerial photographs, and reports and/or plans provided by the Client • Assessment of seisrmc and geologic conditions affecting the area, and evaluation of their potential impacts on the project • Obtain appropriate permits to perform the proposed subsurface evaluation • Site reconnaissance to locate proposed borings for utility clearance, and coordination with Underground Services Alert for underground utility location • Drilling two borings to an approximate depth of 20 feet in the area of the proposed pump station area The borings will be continuously logged, and sampled at selected depths The borings will be excavated and backfilled in accordance with City and County requirements • Limited traffic control, including lane closures, will be provided in accordance with City specifications • Laboratory testing of selected, representative soil samples Laboratory tests will include evaluation of in -situ moisture and density, sieve analysis, shear strength, expansion index, R- value, and soil corrosiwty. • Data compilation and engineering analysis of the information obtained from our background review, subsurface evaluation, and laboratory testing Our engmeermg analyses and recommendations will include pavement design, excavation and compaction requirements of the on -site soils, temporary stability of the trench excavations, shoring pressures, hearing capacity, pipe bedding guidelines, corrosion potential of the on -site soils, and appropriate types of pipeline materials to be used for the proposed construction • Preparation of a geotechnical report presenting our findings, conclusions, and recommendations for the project City of El Segundo Storm Water Pump Station Reconstruction 41 065 Subtask 2 4 — Hydraulic Analysis Pump system curve including the losses through the existing force main will be determined It is anticipated that a higher velocity of 15 to 20 fps will be used with both pumps in operation which would create considerable head losses Modification of the 36" CMP connecting the existing catch basin near the pump station location would require hydraulic calculations The available capacity of the downstream storm drain Project 431 will be based on meeting County standards, such as a maximum allowable hydraulic grade line Subtask 2.5 —Final Design The preparation of the plans will be divided into three submittals such as 70%, 90% and 100% completion stages These three sulinuttals will minimize the revisions to the plans during the production stage and will provide enough time for the City's review staff to add or delete items of the pump station at relevant stages The site plans will be prepared at 1 " =10' scale The plan and profile of the discharge line and the 36" CMP will be prepared at 1 " =20' scale for the plan and 1 " =2' for the vertical scale The floor plan and sections, equipment layout plan, mechanical and structural plans will be prepared at 1/2"=I' scale The site plan will include the existing pump station and facilities, tie -ins, realignment of the 36" CMP Final Sheet List • Tittle sheet • Site Plan • Equipment layout plan, floor plans and sections • Architectural plans • Structural plans and sections • Mechanical plan and ventilation details • Lighting plans • Single line diagram, Motor Control Center, control diagrams and telemetry diagrams • Piping connections (force main and sump pump discharge) and tmscellaneous details • Storm dram plans for 36 "CMP relocation, if required We will resubmit the plans to the County and the City for approval, addressing comments at the said stages Subtask 2.6 — Potholes Depending on the franchise agreement, utility companies will be asked to provide pothole information In addition, potholes will be required to identify the location of facilities such as the water main and other utilities We have not assumed any pothole requirements at this time. City of Et Segundo Storm Water Pump Station Reconstruction 42 066 Subtask 2.7 — Specifications and Cost Estimate Special specifications using "Standard Specifications for Public Works Construction" ( "Greenbook ") latest edition will be prepared The City will provide DEA with the standard specifications including "boiler plate ", which will be edited to fit the project needs A cost estimate will be prepared for this subrruttal Technical provisions will be required extensively for the pump station construction since Greenbook specifications do not cover pump station related specifications in detail Alternatively, if needed, DEA will prepare the specifications in CSI format referencing the Greenbook specifications We will prepare an Engineer's Cost Estimate detailing the quantities and unit prices Subtask 2.8 — Coordination with the Agencies, Permits, Meetings Since a County permit will be required to meet the downstream constraints, close coordination with the County is required from the beginning of the project Similarly, an AQMD permit will be required to comply with the engine exhaust emissions. It is anticipated that, the proposed engines working simultaneously will exceed the rmmmum exemption of AQMD As stated in Task 1, DEA will participate in regularly scheduled project status meetmgs with the City In addition DEA will meet with the County and other agencies as required to complete the project We have assumed a total of 5 meetmgs Subtask 2.9 — Utility Coordination Upon completion of the plans, utility companies will be provided with a preliminary set of plans showing all available data and the proposed design They will be asked to field verify the location of their lines SCE will be contacted for the proposed three phase 240 or 480 volt power requirements The Gas Company will be contacted to size the line required to operate two engines simultaneously TASK 3 - BIDDING STAGE During the bid advertisement period, we will attend a pre -bid conference and answer questions for contractors during the bidding period We will assist the City staff in preparing any addendum and RFI's as required We will also assist the City in evaluating the quality of the contractors' prior work and construction bids TASK 4 - CONSTRUCTION SUPPORT SERVICES We will assist the City in contacting all parties involved in the project including the utility companies, regulatory agencies, and the County inspector to facilitate a City of Fl Segundo Storm Water Pump Station Reconstruction 0 6 f pre - construction meeting We will attend the pre - construction meeting and answer any questions Construction support services will include those as specified in the RFP, representation at the pre- construction meeting, additional drawings due to revisions, response to inquiries, Request for Information, shop drawing and submittal review, record drawings, operation manual /training for pump station. corrections Quality Control Procedures It is the policy of DEA that all documents to be subrmtted to clients or used as procurement or contract documents be formally checked and reviewed by the procedure stated in our Quality Control Manual The Quality Control process gives the opportunity to check the plans and calculations twice by checkers who are outside our design group The checked mark -ups will then be corrected by our design group and will be resubmitted to the original checkers The original checker verifies the changes made and signs off on the plans The plans will be finally checked by the Principal-In- Charge for the project and will be returned to the project manager for corrections The plan and calculations will be signed off by the Principal -In- Charge after incorporating the final corrections DEA is proposing to submit the plans and calculations to our quality control process at preliminary and final design stage Summary Process for DEA The check and review process for all plans and calculations prepared by DEA shall follow guidelines of the Quality Assurance Program The general flow is as follows PLANS 1. Prepared by Engineer/Designer with input from Project Manager/Engineer 2 Checked by Engineer/Designer 3 Back checked by another Engineer/Designer 4 Review of back check by Engineer/Designer 5 All revisions corroborated by design and checking engineers/designers 6. Corrections incorporated by Designer/Drafter. 7 Corrections venfied by Enguieer/Designer 8 Plans reviewed by Project Manager. 9 Step 2 followed until all items resolved 10 Reviewed by District/Division Manager or Designee 11 Comments reviewed with Engineer/Designer and process 2 -11 followed if changes made CALCULATIONS 1 Prepared by Engmeer/Designer 2 Checked by another Engineer/Designer 3 Back checked by another Engineer/Designer 4 Review of back check by Engineer/Designer City of E/ Segundo Storm Water Pump Station Reconstruction O qd & 5 All revisions corroborated by Engineer/ Designer 6 Incorporation of checked comments by Engineer/Designer 7 Corrections verified by another Engineer/Designer 8 Reviewed by Protect Manager 9 Comments reviewed with Design Engineers and process 2 -10 followed if changes made 10 Reviewed by District Manager or Designee 11 Comments reviewed with Design Engineer and process 2 -10 followed if changes made Cary of El Segundo Storm Water Pump Station Reconstruction 45 069 EXHIBIT "B" 070 FEE ESTIMATE ENGINEERING SERVICES FOR STORM WATER PUMP STATION Ne.16 I{ Taeltl No I Desrn WWI(4 us Class160abon Fees ML nr n.1 M 0w- fJOD w 0rwew aw�rY ours/ ow <,r,q' •r/ I . lbw I a Total Ceet $110 $100 ISO 676 owe 6160 666 TASK 1 1 t 12 AlwtlnOS llsrac and RwMw 0 4 12 61,210 6160 SIA30 2 4 1 24 61200 "SO 11240 13 Utility i AfferiV CoordloNdon 4 4 s 4 20 111010 6200 61.00 1A lwpbcAow 0 16 24 6 se 16,000 110 0,200 16 IPJW Study Rqn t0 24 16 0 s 72 0,240 100 01200 SUBTOTAL 39 62 66 16 12 0 0 174 115.00 11.00 117210 TASK 2 21 FINd Design Survey 2 2 4 M 0 32 0,020 $2,]00 0,120 2.2 Base Map PrqmraUm 2 2 2 s 1 22 11,00 s20 0.00 2.3 oealwhalol Inwaxdpdm oral 2 2 1220 0400 34= 2A Hydmufic AmrpVs 2 a 10 6000 000 2.6 IFlml 24 4a so 129 1 I 1 20 123,240 04.-00 waft 2 6 ►ot m 2 11,140 11,100 2 7 Specolcagam A Cost BsOmsb 9 76 0 a 40 0,620 $200 2 S Coon wltl4 , P~ i Is / 24 12.60 000 29 um Cowdins0on 2 4 1 u t7.00 $m0 4=.7200 SUBTOTAL 69 10 112 136 16 16 16 432 IMIOD fIOA0 TASK 3 3 Tzing a"" / 16 it WO $2 ,330 BT SUOTAL / / D 0 0 0 0 16 11,60 60o 32,'0 TASK 1 4 lConsouctionaupportawvlam s 24 is 4/ 24,600 000 030 SUBTOTAL / 24 16 0 0 0 0 Y 24'.-0 000 01s0 TOTAL with o done/ ftem 112 160 1sa 152 26 16 16 670 60,000 13.500 $73,500 TOTAL without optional item fAUABO Noes 6t2eutal lse for Sub4mk$ I A. 23 , Task 3 and 4 mckrds Subs suWtrs fee for NWAimkop lm and Assoa66as, Tarraltee for seeetrlcal wlp NOW klals"ni fee for Subbsks 2.1 mckdu crud ftww by map Note klsevu l tee 0nr subbsks 2.3 lndutles two bonn0 b L 20 leer deep to be perrormed by our subcansulbwt- Could be opboml 071 DAVID EVANS AND ASSOCIATES, INC. SCHEDULE OF HOURLY BILLING RATES Rates Effective through June 30, 2001 CIVIL ENGINEERING SERVICES/WATER RESOURCES HOURLY RATE PnncipaWice President $13000 Project Director $12000 Senior Project Manager $11000 Senior Project Engmeer/Land Surveyor $11000 Project Manager $10000 Project Engineer $ 95 00 Design Engineer, Designer $ 8000 Senior CADD Technician $ 9000 CADD Technician, Junior Engineer, Drafter S 7500 Project Coordinator S 6000 Technician, Researcher $ 6000 Clerical (all services) $ 4500 Director of Survey $11000 Field Supervisor $ 9500 3 — Man Crew $21000 2 — Man Crew $15800 ENVIRONMENTAL PLANNING Director of Planning & Design $12000 Senior Project Manager $10000 Principal Environmental Planner $ 9000 Senior Planner $ 85.00 GIS Specialist $ 8000 Environmental Planner $ 65A0 Assistant Planner, Environmental Technician $ 5500 NATURAL RESOURCE AND LANDSCAPE ARCHITECTURE SERVICES Urban Forestry Manager/Disciphne Director $120.00 Senior Project Manager $110.00 ISA Certified Arbotut $90,00 Natural Resources Specialist $ 90.00 Register Landscape Architect $ 85.00 Project Manager $ 8000 Resource Manager $ 75.00 Senior Landscape/Imgatton Specialist $ 75 00 CADD Technician $ 66.00 Landscape/lmgation Designer $6000 REIMBURSABLEIXPENSES Government fees, mileage, per diem, delivery costs such as Federal Express charges and the cost of prints/reproduction are NOT included in our fee. All such cons are "reimbursable" items and will be shown separately on your invoice and billed to you at cost, plus ten percent (10%), 072 EXHIBIT "C" 073 0 CL 9L m W 0 U) W LL 0 LU 0 -LU 0 LL W W S C.) 0) im LU 0) 0 III 0 it LL "I O EO 5 -a -5 2 0 r LD e Eo US ........................................ ------------------------------------- ...... .. ... ------------ LU *a CL CL c ICE 0 L) 032 0 -M C - r. LL LL CL 0 ur M V 0 cc w w m N 4 cy eli "I O EO 5 -a -5 2 0 r LD e Eo US EL SEGUNDO CITY COUNCIL MEETING DATE: August 15, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Adoption of specifications for resurfacing of decks, underground waterproofing and drain Installation at Park Vista Senior Housing (estimated cost = $94,000 00) RECOMMENDED COUNCIL ACTION- Adopt specifications and authorize staff to advertise the project for receipt of construction bids BACKGROUND AND DISCUSSION The Park Vista Senior Housing building, located at 615 East Holly Avenue, is in need of various types of repair This project will provide for the resurfacing of decks, underground waterproofing and drain Installation A private architect provided plans and specifications to the El Segundo Senior Housing Corporation. These plans and specifications will be used by the Department of Public Works to advertise the protect for receipt of construction bids ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT Amount budgeted in calendar year 2000 El Segundo Senior Housing Corporation Budget Operating Budget. $269,430.00 Amount Requested, $ 94,000.00 Account Number. Project Phase Approval of agreement Appropriation Required: No ORIGINATED BY Date: •,ia PW.AUGUSTI5 08 (Monday 87/00 4 00 P M) 2 075 EL SEGUNDO CITY COUNCIL MEETING DATE: August 15, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Request Council reject both bids for the supply of doors for Phase 6 & 7 of the City's Residential Sound Insulation (RSI) program on the basis that they were non- responsive RECOMMENDED COUNCIL ACTION: Approve rejection of both bids for the supply of doors for Phase 6 & 7 Authorize staff to readvertise for door supply bids BACKGROUND & DISCUSSION: Although directions provided in the bid documents required the bidder to provide a proposal for the supply of all doors required by the project, neither bidder did so Additionally, the bids were suspect as one was half the value of the City's engineering estimate and the other was more than double the City's estimate The rebid will require two weeks but should provide a complete line of products at competitive prices There is considerable interest by two companies that learned of the project too late to bid Both companies have the capacity to provide all doors ATTACHED SUPPORTING DOCUMENTS: Bidder's List and Bid Amounts Incomplete Price /Rate Schedules for the two bidders FISCAL IMPACT. Capital Budget: $1,100,000 is total amount budgeted for FY 2000/01 Amount Requested: It is estimated that the doors will cost between $100,000 and $200,000 Account Number: 116 -400- 0000 -8960 Project Phase. Phase 6 & 7 of City's RSI program Appropriation required* NO ORIGINATED: 1 f DATE. August 4, 2000 Harve Holden, Special Projects James Hansen, Director, Community, Economic and Development Services Department REVIEWED BY: DATE: Mary Strenn, City Manager 8/31003 I8 J 3 0 /0 CITY OF EL SEGUNDO BID OPENING LOG -= NO. #CEDS 00 -15 City of El Segundo ! o Date of Did Opening- Tuesday, August 1, 2000 Time of Bid Opening: 11:00 A. M. Place orDid Opening: City Clerk's Office I Specialty Door 820 Ahwahnee Drive — Mdlbrae, CA 9403'1 2 3 L j 4 C", 5 Staff Present C FORMS \BID \OPEMLOGl erk's Department erk's Department rice epariment G7/ �I M � Z ,n = " z� Q � � Z V _ m y v _ L ✓: C Ci � T Q� L O U U Y a 0 V 078 1^ 0 V 3 4 S 5 s Q d N U � v a V2 U �S" r'1 L C C J z Z r p � oo '_ m caoo 20 O �z :3z d N �O •V .O V 'O 0 .r _ 6J Q E E G O O =QU QU v� rra Za w` 078 1^ 0 V 3 4 S 5 s \ fn k § f _ / / 7 079 / i a \ m� = K ko (i : / - i±\it \ \� \ o :/ // ON 7 C4 — _7 /j\ \`2cn cn l 7 079 / EL SEGUNDO CITY COUNCIL MEETING DATE: August 15, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Approval of the first one -year extension to the City's contract with Wyle Laboratories, Inc (Wyle) for architectural, engineering and acoustical services in support of the City's Residential Sound Insulation (RSI) Program RECOMMENDED COUNCIL ACTION: Approve first one -year Contract extension and authorize the Mayor to execute BACKGROUND & DISCUSSION: City Council approved the current, multi- phase, three year Contract with Wyle Laboratories at its meeting of November 3, 1999, in the amount of $58,400, for services in support of Phase 6, a RSI project including 12 homes, The Contract was expanded by Addendum One on January 28, 2000, to include the approximately 45 homes of Phase 7 The Contract expansion provides for $152,466 in additional services The term of the Contract is one year, November 15, 1999, to November 15, 2000, with two, one year extension options As the first anniversary of the agreement approaches, renewal is requested based on the excellent services received from Wyle to date Since FAA grant funding for Phase 7 was not received until after the FY1999/2000 budget was approved, this contract is dependant upon approval of the draft FY 2000/01 RSI Program Budget, as submitted To delay approval of this Contract until after Council approves the FY 2000/01 budget will delay the start of construction for at least a month and may result in the City having to re- advertise for bids While the City will incur some Phase 7 costs this year, costs for construction contracts will not become significant until after the first of October when construction begins ATTACHED SUPPORTING DOCUMENTS- Amendment 2 to Contract Number 2737 FISCAL IMPACT: Operational Budget: $110.000 is total amount budgeted for FY 2000101 Amount Requested. $110.000 is total amount to be used during FY 2000/01 Account Number: 116 -400- 0000 -8960 Protect Phase: Phase 6 & 7 of City's RSI program Appropriation required: NO ORIGINATED: Ha,rx�y Holden, Special Projects C J' James ICI- Hansen, Director Community Department /ATE: i Economic and Development Services REVIEWED BY. DATE: Mary Strenn City Manager �j w 8/8/00 9 56 AM ,14 0U3 AMENDMENT2 TO AGREEMENT FOR CONSULTANT SERVICES El Segundo Residential Sound Insulation Project Contract Number 2737 (of 15 November 1999) The City of El Segundo (hereinafter the "Cm ") and Wyle Laboratories Inc (hereinafter " Wvle" collectively the "Parties "), hereby amend the Agreement to provide consultant services for the Cm's Residential Sound Insulation (RSI) Program. Contract No 2737, of 15 November 1999, (the ".Agreement "), a one year contract with two, one year extension options. as follows Amendment No. I of January 28, 2000: Extends the services to be provided b} Wyle for Phase 6 of the City's RSI Program to include Phase 7 of that program Amendment No. 2: Amendment No. 2 executes the first of two, one year options, extending the service period of the contract through 15 November 2001 CITY OF EL SEGUNDO Mike Gordon, Mayor Date ATTEST: Date Cindy Mortesen, City Clerk APPROVED AS TO FORM: �2 Date Mark Hensley, City Atto ey C rsi R v- Con[raclAmend 84000 do: WXLE LABORATORIES By eo Lloyd Kosenki, C ntracts Manager Date A f. 00 081 EL SEGUNDO CITY COUNCIL MEETING DATE: August 15, 2000 AGENDA ITEff STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION. Approval of contract with Mllgard Manufacturing, Inc (Mllgard), manufacturers of Mllgard Windows for $167,940 for Supply of Vinyl Windows in support of Phase 6 & 7 of the City's Residential Sound Insulation (RSI) Program. RECOMMENDED COUNCIL ACTION: Approve Standard Public Works Contract and authorize the Mayor to execute upon approval of City Attorney BACKGROUND & DISCUSSION* Approval of this contract is a milestone in the execution of the City's RSI program, the most recent phase of which was approved by City Council in December, 1999 Mllgard is the lowest responsible bidder Wigard's bid is well within the estimated cost established by staff. Approval of this proposed contract complies with applicable California State and Federal laws Milgard has successfully supplied acoustic windows to jurisdictions nationwide and has provided excellent references. Since FAA grant funding for Phase 7 was not received until after the FY199912000 budget was approved, this contract is dependant upon approval of the draft FY 2000/01 RSI Program Budget, as submitted To delay approval of this Contract until after Council approves the FY 2000/01 budget will delay the start of construction for at least a month and may result in the City having to re- advertise for bids While the City will incur some Phase 7 costs this year, costs for construction contracts will not become significant until after the first of October when construction begins. ATTACHED SUPPORTING DOCUMENT Bidder's List and Bid Amounts FISCAL IMPACT. Capital Budget: S1 100,000 is total amount budgeted for FY 2000101 Amount Requested: $ 185,000 (est cost for vinyl windows, including contingencies ) Account Number. 116.400 -0000 -8960 Project Phase: Phase 6 & 7 of City's RSI program Appropriation required: NO ORIGINATED- d , 1 DATE: August 8, 2000 Harvey Holden, Special Protects J es M Hansen, Director Community, Economic and Development Services department REVIEWED BY. DATE- Mary e7= ger 0/0, 8/8/00 9 57 AM 15 082 CrrY OF EL SEGUNDO BID OPENING LOG NO. MCEDS 00-14 City of El Segundo �i'mdows "tnYL Datc of Bid Opening: Tuesday, August 1, 2000 Time of Bid Opening: 11:00 A. M. P12cc of Bid Opening: City Clerk's Office 1 Graham Architectural Products 1551 Mt Rose Ave York Pennsylvania, 17403 -2909 2 Milgard Windows C 4 5 Staff Present c FORMS \SID\OPEm.ppl lerk's Department lerk's Department F+nence [3epartmrnt- C��s Ma CONTRACT FOR THE PURCHASE OF VINYL ACOUSTIC WINDOWS (cEDs 00 -14) AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND THE SUPPLY CONTRACTOR THIS AGREEMENT is made taus 16th day of August .2000 between the Cm of El Segundo (the City) and (the Contractor), who. in consideration of the mutual promises contained herein. agree 4. SERVICE Contractor shall furnish the Windows and Service(s) specified or indicated in the Contract Documents which are generally described as The Purchase of Vim 1 Acoustic Windows (the "Windows ") for the residences participating in Phase 6 d. 7 of the El Segundo Sound Insulation (RSI) Program. This is a non - exclusive contract and the City reserves the fight to order windows for the RSI Program from other contractors. B CONTRACT TIME The initial term of this Contract shall correspond to the installation schedule for Phase 6 8 7 It is expected to commence in or about September 2000 and continue to approximately January 2001. C. CONTRACT RATES OR PRICES Contractor shall be paid for the Windows m accordance with the Contract Documents, at the Contract Rates or Prices specified in the Bid Document titled "Price/Rate Schedule" found in Section 5. The Contract specifies that the City of El Segundo will withhold the Bid Bond in Neu of a ten percent (10 %) retention pendmg satisfactory delivery of the last of all required contract documents as addressed by this Contract. The agreed upon amount of $167,940.00 constitutes the total compensation payable to Contractor. Said compensation shall ful compensate Contractor for all risk, loss, damages or expense of whatever character arising out of the nature of the Service or the prosecution thereof, and for all expense incurred in the consequence of the suspension or discontinuance of the Service as specified under the Agreement D. CONTRACT DOCUMENTS The Contract Documents for the Project shall consist of the Notice Inviting Bids. Instructions to Bidders, General Specifications, Standard Specifications. Special Provisions, Plans, Contractors Proposal. and all referenced specifications, details, standard drawings, and appendices, together with this Contract and all required bonds, insurance certificates, permits notices and affidavits, warrimues and guarantees, and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the rights and obligations of the City and the Contractor are fully set forth and described in the Contract Documents Each of the above - mentioned documents are C rzi oiaaoV5ec6Wg,eement doc 5-6-2 t" 084 CONTRACT FOR THE PURCHASE OF VINYL ACOUSTIC WINDOWS AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND THE SUPPLY CONTRACTOR intended to complement the other documents so that any work called for in one. and not mentioned in time others, or visa versa. is to be executed the same as if mentioned in all of said documents The documents compnsmg the complete Contract are herein referred to as the Contract Documents and are incorporated herein b,. this reference and made a part hereof as though they were fully set forth herein Included in the Contract are the followmg Contract Documents 1 The Purchase Order 2 The Agreement 3 Instructions to Bidders 4 General Terms and Conditions 5 Supplementary Terns and Conditions 6 Attachments, 1 Contractors Assurance of Compliance with Federal Mandates. Section 4 2 Supply Bond 3 Certificate of Insurance Bid Documents 1 Bid Form 2 Bid Guarantee (Cashier's Check from Contractor) 3 Specifications and Requirements 4 Pnce/Rate Schedule 5 Additional Description of Windows Being Offered 6 Types of Equipment Available to Fulfill Contract Requirements 7 Description of Bidders Company 8 Professional Manuals 9 Manpower and Training 10. Warranty 11. Subcontractor List 12 Local Dealer Providing Service and Support 13 References 14 Catalog Cuts 15 Homeowners Manual 16 Detail Drawings 17 Test Reports 18 Addenda. if applicable 19 All Change Orders duly delivered after execution of the Agreement � w and -ooc' SCCWAgMt=nt ooc 5 -6 -3 085. CONTRACT FOR THE PURCHASE OF VINYL ACOUSTIC WINDOWS AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND THE SUPPLY CONTRACTOR IN WITNESS WHEREOF, the parties hereto have signed this Agreement in duplicate One counterpart each has been delivered to the City of El Segundo and to the Supple Contractor DATED this_ day of CITY OF EL SEGUNDO BY BY (Signature) (Print Name of Signer) Title Attest City Clerk (seal) Cm's Address for Giving Notice: Cin Clerk's Office Cin Hall 350 Main Street El Segundo, CA 90245 Phone (310) 607 -2208 APPROVED AS TO FORM: B} ` �` City A ey (Name of Supply Contractor or Firm) (Signature) (Print, Name of Signer) Title Contractor's Address for Giving Notice: Phone C rabid- d0c\Sec6�Aememem doc 5-64 086 EL SEGUNDO CITY COUNCIL MEETING DATE: August 15, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Approval of Contract with Graham Architectural Products Corporation (Graham), manufacturers of Graham Windows for $19,504 for Supply of Aluminum Windows in support of Phase 6 & 7 of the City's Residential Sound Insulation (RSI) Program RECOMMENDED COUNCIL ACTION: Approve Standard Public Works Contract and authorize the Mayor to execute upon approval by the City Attorney BACKGROUND & DISCUSSION: Approval of this contract is a milestone in the execution of the City's RSI program, the most recent phase of which was approved by City Council in December, 1999 Graham was the sole responsible bidder The bid is well within the estimated cost established by staff Approval of this proposed contract complies with applicable California State and Federal laws Graham has successfully supplied acoustic windows to jurisdictions nationwide and has provided excellent references Since FAA grant funding for Phase 7 was not received until after the FYI 999/2000 budget was approved, this contract is dependant upon approval of the draft FY 2000/01 RSI Program Budget, as submitted To delay approval of this Contract until after Council approves the FY 2000/01 budget will delay the start of construction for at least a month and may result in the City having to re- advertise for bids While the City will incur some Phase 7 costs this year, costs for construction contracts will not become significant until after the first of October when construction begins ATTACHED SUPPORTING DOCUMENTS- Bidder's List and Bid Amounts FISCAL IMPACT- Capital Budget: $1,100,000 is total amount budgeted for FY 2000101 Amount Requested, $ 22,000 (est cost for aluminum windows including contingencies) Account Number. 116 -400- 0000 -8960 Project Phase. Phase 6 & 7 of City's RSI program Appropriation required, NO ORIGINATED: Lk HarveX Holden, Special Projects Gy Ja9�es —Hansen, irec or Community Dkpartment DATE: August 8, 2000 Economic and Development Services REVIEWED BY. DATE: Mary Strenn, City Manager Afg 818/00 12 05 PM o 6 CITY OF EL SEGUNDO BID OPENING LOG NO. #CEDS 00 -13 City of El Segundo Aluminum Windows Date of Bid Opening: Tuesda), August 1, 2000 Time of Bid Opening: 11:00 A. M. Place of Bid Opening: City Clerk's Office 1 Graham Architectural Products 1551 Mt Rose Ave York Pennsylvania, 17403 -2909 2 3 4 5 Staff Present C F0RMS \6ID \0PRNL0G1 City Clerk's Department City Clerk's Department ..c1i7`_�� � a► � ' 1 CONTRACT FOR THE PURCHASE OF ALUMINUM ACOUSTIC WINDOWS (CEDS 00 -13) AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND THE SUPPLY CONTRACTOR THIS AGREEMENT is made this 16th day of August , 2000 between the City of El Segundo (the City) and (the Contractor). who, in consideration of the mutual promises contained herein, agree A. SERVICE Contractor shall furnish the Windows and Service(s) specified or indicated in the Contract Documents which are generally described as The Purchase of Aluminum Acoustic Windows (the "Windows ") for the residences participating in Phase 6 & 7 of the El Segundo Sound Insulation (RSI) Program. This is a non - exclusive contract and the City reserves the right to order windows for the RSI Program from other contractors B. CONTRACT TIME The initial tern of this Contract shall correspond to the installation schedule for Phase 6 & 7 It is expected to commence in or about September 2000 and continue to approximate]) January 2001 C. CONTRACT RATES OR PRICES Contractor shall be paid for the Windows in accordance with the Contract Documents, at the Contract Rates or Prices specified in the Bid Document titled, "Price/Rate Schedule" found in Section 5 The Contract specifies that the City of El Segundo will withhold the Bid Bond in lieu of a ten percent (10 %) retention pending sausfactory delivery of the last of all required products and services as addressed by this Contract The agreed upon amount of $19,504.00 constitutes the total compensation payable to Contractor. Said compensation shall ful compensate Contractor for all risk, loss, damages or expense of whatever character ansing out of the nature of the Service or the prosecution thereof-, and for all expense incurred in the consequence of the suspension or discontinuance of the Service as specified under the Agreement D. CONTRACT DOCUMENTS The Contract Documents for the Protect shall consist of the Notice Inviting Bids, Instructions to Bidders, General Specifications, Standard Specifications. Special Provisions, Plans, Contractors Proposal. and all referenced specifications, details, standard drawings, and appendices, together with thus Contract and all required bonds, insurance certificates, permits, nouces and affidavits, warranties and guarantees, and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner All of the rights and obligations of the City and the Contractor are fully set forth and described in the Contract Documents Each of the above - mentioned documents are C Its" md -0o `Sec6Wgrtement da 4-6-2 089 CONTRACT FOR THE PURCHASE OF ALLM UM ACOUSTIC WINDOWS AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND THE SUPPLY CONTRACTOR intended to complement the other documents so that any work called for in one. and not mentioned in time others. or visa versa, is to be executed the same as if mentioned in all of said documents The documents comprisurg the complete Contract are herein referred to as the Contract Documents and are incorporated herein by this reference and made a part hereof as though they were fully set forth herein Included in the Contract are the following Contract Documents 1 The Purchase Order 2 The Agreement 3 Instructions to Bidders 4, General Terms and Conditions 5 Supplementary Term3 and Conditions 6 Attachments 1 Contractors Assurance of Compliance with Federal Mandates. Section 4 Performance Bond 3 Warranty Bond 4 Certificate oI Insurance Bid Documents 1 Bid Form Bid Guarantee (Cashier's Check from Contractor) 3 Specifications and Requirements 4 Price/Rate Schedule 5 Additional Description of Windows Being Offered 6 Types of Equipment Available to Fulfill Contract Requirements 7 Description of Bidders Company 8 Professional Manuals 9 Manpower and Training 10 warranty 11 Subcontractor List 13 Local Dealer Providing Service and Support 13 References 14 Catalog Cuts 15. Homeowners Manual 16 Detail Drawings 17 Test Reports 18 Addenda, if applicable 19 All Change Orders duly delivered after execution of the Agreement. 090 C rt�ia�a4ac5ec6V,g�eemrntece 46.3 CONTRACT FOR THE PURCHASE OF ALUMINUM ACOUSTIC WINDOWS AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND THE SUPPLY CONTRACTOR IN WITNESS WHEREOF, the parties hereto have signed tlus Agreement in duplicate One counterpart each has been delivered to the City of El Segundo and to the Supply Contractor DATED this day of CITY OF EL SEGUNDO (Name of Supply Contractor or Firm) BY BY (Signature) (Print, Ivame of Signer) Title Attest ` City Clerk Citv's Address for Giving Notice: Ciry Clerk's Office City Hall 350 Main Street El Segundo, CA 90245 Phone (310) 607 -2208 Attorney (seal) (Signature) (Print, Name of Signer) Title Contractor's Address for Giving Notice: Phone C vsi \bid- d0clScc6Wgreemrn[ doc 4 -6-4 091 EL SEGUNDO CITY COUNCIL MEETING DATE: August 15, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION. Approval of contract with Great West Contractors, Inc (Great West) for $594,635 00 for General Contractor services in support of Phase 6 & 7 of the City's Residential Sound insulation (RSI) Program RECOMMENDED COUNCIL ACTION' Approve Standard Public Works Contract and authorize the Mayor to execute upon approval of the City Attorney BACKGROUND & DISCUSSION Approval of this contract is a milestone in the execution of the City's RSI program, the most recent phase of which was approved by City Council in December 1999 Great West was the lowest responsible bidder The bid is well within the estimated cost established by staff Approval of this proposed contract complies with applicable California State and Federal laws The Contractor has successfully performed acoustical remodeling projects for several Southern California jurisdictions which provided excellent references Since FAA grant funding for Phase 7 was not received until after the FY 1999/2000 budget was approved, this contract is dependant upon approval of the draft FY 2000/01 RSI Program Budget, as submitted To delay approval of this Contract until after Council approves the FY 2000/01 budget will delay the start of construction for at least a month and may result in the City having to re- advertise for bids While the City will incur some Phase 7 costs this year, costs for construction contracts will not become significant until after the first of October when construction begins ATTACHED SUPPORTING DOCUMENTS: Bidder's List and Bid Amounts FISCAL IMPACT: Capital Budget. $1,100,000 is total amount budgeted for FY 2000/01 Amount Requested- $ 655,000 (est cost for services including contingencies Materials, windows /doors contribute to the remainder of the capital budget ) Account Number 116 -400- 0000 -8960 Project Phase. Phase 6 & 7 of City's RSI program Appropriation required- NO ORIGINATED: �1� DATE: August 8, 2000 Hardy Holden, Special Protects f James M Hansen, Director Community, Economic and Development Services Department REVIEWED BY DATE. Mary Strenn, City Manager �V /e 8/8/00 9 57 AM 092 17 CI'T'Y OF EL SEGUNDO BID OPENING LOG NO. N CEDS 00.12 City of El Segundo DID General Contractor Date of BID Opening: Tuesday, August 1, 2000 Time of BID Opening. 11:00 A. M. Place of BID Opening City Clerk's Office 1 T & M Construction 10931 Chapman Avenue Garden Grove, CA 92840 2 3 2 R G B Construction, Inc. 306 N Hobart Blvd Los Angeles, CA 9004 Professional Building Contractors 125 Sheldon Street El Segundo, CA 90245 F H Paschen, S N Nielsen, Inc 701 Lee Street, Suite 550 Des Plaines, IL 60016-4547 Great West Contractors, Inc 4562 E Eisenhower Circle Anaheim, CA 92807 Staff Present C FORMS \BID \OPENUDG S 7,f �f rZ, 7 L/ Y/�- 14 �-75-cr� City Clerk's Department City Clerk's Department CEDS Department X .el 093 CITY OF EL SEGUNDO PUBLIC WORKS CONTRACT (CEDS 00 -12) Contract for the Installation of Residential Sound Insulation THIS AGREEMENT is made and entered into this 16thday of August 20oo by and between the CITY OF EL SEGLTNDO, a municipal corporation, hereinafter called "CITY", AND Great West Contractors hereinafter called "CONTRACTOR" CITY, by its Notice Inviting Bids, drily advertised for written bids to be submitted on or before August 1. 2000 for Phase 6 &7 of the City's Residential Sound Insulation (RSI) Program, hereinafter called "PROJECT". At said time, in the Office of the City Clerk of the City of El Segundo, said bids were duly opened. At its regular meeting held on n „gi,�, is )nnn the City Council drily accepted the bid of CONTRACTOR for said PROJECT as being the lowest responsible bid received and directed that a written contract be entered into with CONTRACTOR. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements herein contamed, said parties do hereby agree as follows: ARTICLE I The Contract Documents for the PROJECT shall consist of the Notice Inviting Bids; Instructions to Bidders, General Specifications; "Standard Specifications for Public Works Construction ", 2000 Edition; Special PmvWons; Plans; CONTRACTOR'S Proposal; and all referenced specifications, details, standard drawings, and appendices, together with this Contract and ail required bonds, insurance certificates, permits, notices and affidavits, and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to effect its completion in an acceptable meaner. All of the tights and obligation of CITY and CONTRACTOR are fully set forth and descnbed in the Contract Docurnems. Each of the above - mentioned documents is intended to complement the other documents so that any work called for in one, and not mentioned in the others, or vice versa, is to be executed the same as if mentioned in all of said documents. The documents comprising the complete contract are hereinafter referred to as the CONTRACT DOCUIv11DM and are incorporated herein by this reference and made a part hereof as though they were fully set forth herein vtsnaio406SCapn 41PW Carzw 1-4-2 094 = ARTICLE II For and in consideration of the payments and agreements to be made and performed by CITY. CONTRACTOR hereby agrees to furnish all materials and perform all work required for the PROJECT and to fulfill all other obligations as set forth in the CONTRACT DOCUMENTS ARTICLE III CONTRACTOR hereby agrees to receive and accept the amounts set forth in its Bid Schedule (Part C, Section 3, Volume 1) and as itemized in its Schedule of Values (Part A, Section 6, Volume 1), which parts are integral to the Contractor's Proposal, a copy of which is attached and can be found at Part A, Section 3, Volume 1, and by this reference incorporated herein and made a part hereof as though fully set forth herein, as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder Said compensation shall cover all expenses, losses, damages, and consequences ansng out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the CONTRACT DOCUMENTS, and also including those ansmg from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. ARTICLE IV CITY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the said amotnts set forth in Article III hereof, and hereby agrees to pay the some at the time, in the manner, and upon the conditions set forth in the CONTRACT DOCUMENTS. In addition, CONTRACTOR hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 USCA 1101, q deg.), as amended; and, in connection therewith, shall not employ unauthorized aliens as defined therein. Should CONTRACTOR so employ such unauthorized aliens or the performance of work and/or service covered by this contract, and should the Federal Government impose sanctions against the CITY for such use of unauthorized alien, CONTRACTOR hereby agrees to, and shall, reunburse CITY for the Lost of all such sanctions unposed, together with any and all costs, including attorney's fees, incurred by the CITY in connection therewith. ARTICLE V Contract time shall commence on the date specified in the Notice to Proceed With Construction to be issued to said CONTRACTOR by the Community, Economic and Development Services Department of CITY and shall complete all construction work on the 51 Pnmary Home group within 150 calendar days as outlined in the General Specification which are a part hereof. A 30 calendar day extension may be granted for any and all homes added from the Secondary Home group. c \RSr\B1d.mc%SmM nrw Came 1-43 095* ARTICLE VI CONTRACTOR shall assume the defense of and indemnify and save harmless the CITY. its elective and appointive boards, officers, agents and employees, from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from CONTRACTORS or any of subcontractor's operations under this CONTRACT, whether such operations be by CONTRACTOR or subcontractor, or subcontrac- tors, or by any one or more persons directly or indirectly employed by, or action as agent for. CONTRACTOR or any subcontractor or subcontractors CONTRACTOR agrees to, and shall, defend CITY and is elective and appointive boards, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused. by reason of any of the aforesaid operations; provided (a) That CITY does not, and shall not, waive any rights against CONTRACTOR which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by CITY, or the deposit with CITY by CONTRACTOR, of any of the insurance policies hereinafter described in this Agreement (b) That the aforesaid hold harmless agreement by CONTRACTOR shall apply to all damages and claim for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of CONTRACTOR or any subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. (c) The RSI Program is the City's primary program for mitigating airport noise emanating from Los Angeles International Airport. The purpose of this Installation Contract is for the installation of sound insulation materials, including, but not limited to, the installation of windows and doors, in residential dwellings within the City. As such, the owners of such residential dwellings are beneficiaries of the Installation Contract. (d) As intended beneficiaries of the Installation Contract, the residential homeowners who participate in the City's RSI program shall be deemed to have the right to seek redress directly against the Installation Contractor for breach of this Agreement or for any damages incurred as a result of the Installation Contractor's negligence. (e) Nothing in this provision shall be deemed a limitation on any other rights or remedies available to the residential owner against the Installation Contractor. (f) Nothing in this provision shall be deemed as a tight of the residential homeowner to =urine an action to cure, correct, or remedy and default on the part of the City. Any and all tights of the residential homeowner, if any, to seek redress against the City with regard to the City's RSI program are limited to those tights contained in the Agreement between the City and residential homeowner 096 vtsMW-dWSen 4TW Cow 1 ARTICLE VII CONTRACTOR before commencing said PROJECT, shall furnish and file with CITY a bond, or bonds, in a form satisfactory to the CITY, in the stun of one hundred percent (1000/6) of the contract price thereof conditioned upon the faithful performance of this contract and upon the payment of all labor and materials furnished in connection with this contract. ARTICLE VIII CONTRACTOR shall not commence work under this contract until CONTRACTOR shall have obtained all insurance required by the CONTRACT DOCUMENTS and such insurance shall have been approved by CITY as to form, amount and tamer, nor shall CONTRACTOR allow any subcontractor to commence work on any subcontract until all similar insurance required of the subcontractor shall have been so obtained approved (a) COMPENSATION INSURANCE. CONTRACTOR shall take out and maintain, during the life of this contract, Workers' Compensation Insurance for all of CONTRACTOR'S employees employed at the site of improvement; and, if any work is sublet, CONTRACTOR shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the tatter's employees, unless such employees are covered by the protection afforded by contract at the site of the PROJECT is not protected tinder any Worker's Compensation law, CONTRACTOR shall provide and shall cause each subcontractor to provide adequate insurance for the protection of employees not otherwise protected. CONTRACTOR shall indemnity CITY for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to acquire or maintain such insurance (b) COMPREHENSIVE GENERAL LIABILITY. PRODUCTS /COMPLETED OPERATIONS HAZARD, COMPREHENSIVE AUTOMOBILE LIABILITY AND CONTRACTUAL GENERAL LIABILITY INSURANCE. CONTRACTOR shall acquire and maintain during the life of this contract such comprehensive general liability, products/completed operations hazard, comprehensive automobile liability and contractual general liability insurance as shall protect CITY, its elective and appointive boards, officers, agents and employees, CONTRACTOR and any subcontractor performing work covered by this contract, from claims for damage for personal injury, including death, as well as from claims for property damage which may arise from CONTRACTOR'S or any subcontractor's operations under this contract, whether such operations be by CONTRACTOR or by any subcontractor, or by anyone directly or indirectly employed by either CONTRACTOR or any subcontractor, and the amounts of such insurance shall be as follows: (1) Public Liability Insurance in an amount of not less than ONE MILLION DOLLARS ($1,000,000); (2) Products/Comnleted Operations Hazard Insurance in an amount of not less than ONE MILLION DOLLARS (51,000,000); c vunB,ddoclS=M 4UPW Comma 1.45 097 (3) Obin mhensive Automobile Liability Insurance in an amount of not less than ONE MILLION DOLLARS (51,000,000); (4) Contractual General Liability Insurance in an amount of not less than ONE MILLION DOLLARS (S1,000,000) A combined single limit policy with aggregate limits in an amount of not less than TWO MILLION DOLLARS ($2,000,000) shall be considered equivalent to the said required minimum limits set forth hereinabove (c) PROOF OF INSURANCE. The CITY shall be named as "additional insured" on all policies required hereunder, and CONTRACTOR shall famish CITY, concurrently with the execution hereof, with satisfactory proof of carnage of the insurance required, and adequate legal assurance that each carver will give CITY at least thirty (30) days prior notice of the cancellation of any policy during the effective period of this contract, by certified or registered mail See attached sample form for required language. (d) NOTICE TO COMMENCE WORK. The CITY will not issue any notice authorizing CONTRACTOR to commence work under this contract until CONTRACTOR has provided to the CITY the proof of insurance as required by subparagraph (c) of this article. FV-XV "— T6.� The parties agree that it would be =practical and extremely difficult to fix the actual damages to the CITY in the event the PROJECT is not commenced and/or completed on or before the dates specified for commencement and completion of the PROJECT in the CONTRACT DOCUMENTS. The parties have considered the facts of a breach of this contract and have agreed upon the liquidated damages in the event of a breach. That said sum shall be presumed to be the amount of the damages sustained by the CITY in the event of such a breach. The parties therefore agree that in the event such work is not begun and/or completed and accepted by the times so specified in the CONTRACT DOCUMENTS, the sum of FIVE HUNDRED DOLLARS (5500.00) shall be presumed to be the amount of damages suffered by the CITY for each day's delay in the starting and/or completion and acceptance of said PROJECT after the dates specified in the CONTRACT DOCUMENTS for the start and/or completion thereof~ and CONTRACTOR hereby agrees to pay said soon of FIVE HUNDRED DOLLARS (5500.00) as liquidated damages for each day of delay in the starting and/or completion and acceptance of said PROJECT beyond the dates specified in the CONTRACT DOCUMENTS Any and all such liquidated damages assessed shall be done so in accordance with the Standard Specifications for Public Works Construction, 2000. ARTICLE X This contract shall not be assignable, either in whole or in part by the CONTRACTOR, without first obtaining the written consent of the CITY thereto MI\Bid-doclSmem 4TW Conan 1-4-6 098 = ARTICLE XI The provisions of this Agreement are cumulative and in addition to and not in limitanon of any rights or remedies available to CITY. IN WITNESS WHEREOF, the patties hereto have caused this contract to be executed on the date first above written by their respective officers duly authorized in that behalf "CITY" City of EL SEGUNDO, City Clerk. a Municipal corporation In Attest: Mayor City Clerk (seal) "CONTRACTOR" Name of Firm BN Signature of Owner or Aurthonzed Representative Contractor's License No. City of El Segundo Business License No. Federal Tax Identification No. u SrJ3id.mc%S=m 4%FW Cana= 14-7 Q U EL SEGUNDO CITY COUNCIL MEETING DATE: August 15, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Approve the purchase of twenty (20) tactical entry body armor vests from Adamson Industries RECOMMENDED COUNCIL ACTION- Authorize staff to purchase body armor vests from Adamson Industries using equipment replacement funding BACKGROUND & DISCUSSION- The tactical entry body armor vests currently utilized by the SWAT team are more than five years old and fall outside the manufacturer's warranty for duty use In Fiscal Year 93194, the SWAT vests were placed into the equipment replacement fund. There is currently $21,000.00 in the fund for the replacement of these vests, which were up for replacement in FY 1998/99 The United States Department of Justice has approved a grant of $13,750.50 to assist in the purchase of the vests The total cost for twenty (20) vests is $33,920.57 The vests should be purchased on a single source vendor basis from Adamson Industries Adamson Industries is the sole distributor for Second Chance Body Armor, which manufacture the vests Second Chance vests use Gore -Tex to encapsulate the body armor panels The Gore -Tex fabric is water - resistant (water can cause ballistic material to lose its puncture resistant- properties) Second Chance has the exclusive right to use the Gore -Tex material. Funding for this purchase will come from the equipment replacement fund It is requested the City fund the entire amount of purchase The grant funds will be placed into the equipment replacement fund when they are received, and the surplus amount of $830.00 will be added to the accumulated replacement cost toward the future replacement of these vests ATTACHED SUPPORTING DOCUMENTS. See staff report and attachments FISCAL IMPACT Operating Budget: $21,000 Amount Requested. $33,92057 Account Number: 601 - 400 -0000 -8104 Appropriation required: $12,92057 ORIGINATED. DATE: July 25, 2000 Lt Mitch Tavera Mary Police DATE: P� �ab 100 8/4/00 6 36 AM 18- qty f de WZd49 INTER - DEPARTMENTAL CORRESPONDENCE May 2, 2000 To J O Wayt, Captain From Mitchell Tavera, Lieutenant Subject Replacement of 14 SWAT Tactical Entry Body Armor Vests PROBLEM The tactical entry body armor vests currently being utilized by the SWAT team are more than five years old and fall outside the manufacturer's warranty for duty use A liability and officer safety issue now exists due to the age of the vests and lack of manufacturer's warranty BACKGROUND This request is a result of an audit of the Police Department's Special Weapons and Tactics Team tactical entry body armor The SWAT team uses a special body armor vest for the protection of its team members The vests provide complete torso and neck protection from most handguns and limited shoulder weapons These vests also act as a carrier for SWAT equipment In addition to the fact that the entry vests warranties have expired innovative advancements in body armor technology have given rise to new matenals and designs which now provide greater ballistic protection and wearer flexibility Often times the SWAT Team employs other officers to assist in tactical operations These officers are assigned to Detectives, Traffic and Patrol Divisions The officers aid in perimeter control, suspect containment and other essential functions Currently there are not enough tactical entry vests for these officers to use on the tactical operations 101 PAGE TWO BODY ARMOR REPLACEMENT In Fiscal Year 93/94, the SWAT vests were placed into the equipment replacement program The vests have a replacement year of 98/99 There is currently $21,000 00 in the fund for the upgrade /replacement of these vests RECOMMENDATION It is recommended that the City purchase Twenty (20) tactical entry body armor vests, on a single source vendor basis from the Adamson Industries Adamson Industries carries Second Chance Body Armor This body armor company uses a variety of new materials in the manufacturing of their tactical vests. One of the unique characteristics of these vests is that the interior ballistic panels are encased in Gore -Tex Gore -Tex fabric resists penetration by water — from sweat or other liquids Water can cause ballistic material to lose its puncture resistant properties and reduce the effectiveness of the fabric Second Chance has the exclusive right to use "Gore -Tex" The tactical entry body armor vests are unique pieces of equipment that have specific application The police department has worked with the vendor in the past and the vendor has a proven history of providing reliable and quality products SWAT team members tested the Second Chance Tactical Team vest It was found to be comfortable, user friendly and provided all necessary elements needed in an entry vest In order to provide upgraded ballistic protection to all officers that assist the SWAT Team during tactical operations, it is requested that the department purchase an additional six (6) tactical vests There are two additional pieces of equipment that attach to the vests that improve user comfort and officer safety I am requesting that the City purchase a ballistic groin guard protector and water hydration system for each vest The United States Department of Justice has a Bulletproof Vest Grant Program for fiscal year 2000 I have submitted an application for inclusion into the program and recently received notification that our department application has been accepted but not approved The grant program will pay up to 50% of the costs of our vests The vest order should not be placed until approval by the Bulletproof Vest Grant Program 102 PAGE THREE BODY ARMOR REPLACEMENT If our application is approved the City will have to pay the entire amount of the vest's purchase price Receipts will then be submitted for payment of grant funds All returned funds should be placed into the equipment replacement account The vests to be replaced should not be used by front line officers but rather removed from seance It is recommended that this equipment be offered to our Sister City, Guaymas Mexico Police Department, in an as is condition with no implied warranty or guarantee The following is an itemized list of requested equipment. 20 level IIfA Monarch 111A Command Jacket Tactical Entry Body Armor vests 4 $1,355 40 - $27,108 00 20 Monarch 111A Groin Guard Protectors Q 163 59 - $3,271 80 20 Hydration System Attachments @ 47 78 - $955 60 See Equipment Replacement Schedule See attached Quotation See Vest Application Form SubTotal - $31,335 40 Tax - $2,585.17 Total - $33,920 57 103 ATTACHMENT #1 CITY OF EL SEGUNDO EQUIPMENT REPLACEMENT SCHEDULE EQUIPMENT REPLACEMENT INVENTORY - FISCAL YEAR 1999/2000 3101 POLICE (Coonnued) K -15 104. Computer Deli Pentium 133 RIIIO S2300 969' 3 99/00 5830 SZ-500 $2,500 Dell Pennum 133 RI I11 2.300 9619- _ 99/00 830 2500 2500 Dell Pennum 133 RI 112 2.300 9697 3 99/00 830 - -500 23(10 Lill Pentium 133 R1113 2.300 %19- 3 99/00 830 2500 2.500 Dell Pennum 133 RI 114 2.300 %9- 3 99/00 830 2500 2.500 Deli Pentium 133 8109- 2 300 %97 3 99100 830 2 500 2.500 Dell Pentium 133 RIO96 2.300 9697 3 99/00 830 2500 2500 Dell Pentium 133 RI 115 2 300 9697 3 99/00 830 2 500 2 500 Dell Pentium 133 RI 116 2300 969' 3 99100 830 2 500 2 500 Dell Penuum 133 Rill' 230D 969' 3 99/00 830 2 500 2 500 Dell Pentium 133 RI 118 2300 969- 3 99/00 830 2,500 2500 Dell Pentium 133 R1119 2.300 96/97 3 99/00 830 2500 2500 Dell Pennum 133 R1120 2.300 %/97 - 99/00 830 2,500 2500 NT Server Pentium Pro 180 R1095 6000 9619-7 3 99/00 2 330 7,000 7 ODO Server - AST486 R660 7,000 9394 4 9798 0 7 000 7,000 Backup Server RIO34 5,413 95196 3 9899 0 5,500 5500 Netnidem- Mulntech R916 1,888 94195 4 9899 0 2,500 2500 - Mainfaime -IBM AS/400 R659 44000 9394 5 9899 0 44000 44000 Printer dot matrix R191 775 8788 6 9394 0 775 775 Printer, dot matrix R I64 775 8889 6 9495 0 775 775 Printer dot matrix R165 500 88/89 6 9495 0 500 500 Printer Fuji=2300 R017 975 9091 5 9596 0 975 975 Printer Desk)et R138 975 9091 5 9596 0 975 975 Printer HP InUet Rxx 2.084 9697 3 99100 1.200 2400 2,400 Punter HP LaserJer 5N 1121 1 500 9697 4 OD/01 750 750 1.500 Poorer HP LaserJet SN 112: 1,500 %/97 4 00/01 750 750 1.500 [ Printer HP LaserJet SN 1123 1.500 9697 4 00101 750 750 1500 Printer HP LaserJet SN 1124 1500 9697 4 00101 750 750 1 Soo Printer HP LastrJet 5N 1125 1,500 9697 4 00/01 750 750 1,500 Printer, HP LawnJet 5N 1126 1 500 96197 4 00/01 750 750 1,500 Computer Dell P6300 LAN xx 2 769 9798 3 00/01 835 1670 2,500 Computer Dell P6300 LAN xs 2 769 9798 3 0091 835 1,670 2,500 Computer, Dell P6300 LAN xx 2,769 9798 3 00/01 835 1670 2.500 Printer Desk)v 5600 R806 580 9495 4 9899 0 600 600 Printer HP LaserJet 4000 TN xx 1 621 9899 4 02/03 1 000 1,000 2,000 Equipment Shredder 752 5,000 9293 10 02/03 577 3.271 5,000 Chattpnmer R1990 4,000 9091 6 96/97 0 4,834 4,834 Projector, Toshiba LCD xx 8,759 96/97 5 01/02 2.125 4.250 8,500 Sony Digital VCR- VX1000 xx 4611 9691 5 01102 1150 2,500 5.000 Soon Air Packs (2) xx 5 143 9697 10 06197 778 1356 7,000 Bullet Trap xx 52396 9697 20 16117 3421 6842 65000 Typewmer R128 880 8788 10 9798 0 11000 1000 Typewriter R155 880 8788 10 9798 0 1,000 1,000 Typewriter R157 878 87/88 10 9798 0 1,000 1,000 Typewriter 158 865 9091 10 00/01 100 900 1,000 Typewnmr 161 865 90/91 10 00101 100 900 1.000 Type w 174 865 9091 10 00/01 100 900 1,000 Red Man Suits (2) xx 1,135 9293 8 00101 157 1,093 1150 SWAT Bullet ProofV=(14) R 21.103 9394 5 9899 0 21,000 21,000 NiBhtvtston go8gles- Litton (2) xx 9.530 93191 10 03104 1,063 4152 8.500 Cutting Torch - Steely xx 3 500 9495 10 04/05 389 1.536 3,500 Laser Speed Guns (2) xx 9,750 92193 10 02/03 975 6,825 9,750 Camera - Nikon xx 1,100 9495 10 04/05 222 888 21000 Camera -Nikon xx 1,100 9495 10 0"5 222 888 2000 , Camtta - Polaroid Rxx 2 500 8485 15 99100 1 050 4,200 4.200 Lem - Cartoon xx 600 9495 10 04105 67 268 600 Photo Enlarger - Beseler xx 3000 9495 t0 04405 333 1315 3,000 C lab Vent - Labconco Photo Stand - Kaiser xx xx 5 740 500 9596 8485 10 20 05/06 04105 600 67 2,40D 268 6,000 600 VCR- Enoore'Go Video' 2 A. Been+ fngiiihii . - 818 A 8 973 9495 10 04105 III 444 1,000 6 -8Ma K -15 104. lent By: ADAMSON INDUSTRIES; 949 650 2549; Adamson industries Public Safety and Lax Tnforcement Specialists 930 W. 169 Sheet Bldg B-1, Cosh Men CA 92627 (949) 650.0906 • FAX (949) 650 -2549 - (900) 824-0162 PROPOSAL SUBMITTED TO: EL SEGUNIDO POLICE DEPT DATE: PHONE: FAX: NAME: Apr -28 -00 11:2SAM; Page All ATTACHEMENT A2 QUOTATION 4-28-00 310 -607 -2260 310 - 640.8648 MITCH TAVERA BID NO. F. .8. DELIVERED TERMS NET 30 SHIP VIA SHIP DATE QTY ITEM NUM. DESCRIPTION UNIT PRICE TOTAL PRICE 20 CJAZ SC229 111A COMMAND JAC 1166.00 23,72000 20 CJAZ MONARCH 111A COMMAND JAC 1355.40 27,109.00 20 CJAZ TRI -FLEX 111A COMMAND JAC 1493.32 29,966.40 ALL VERSIONS INCLUDE SNAP & VELCRO SYSTEM - BALLISTIC SLEEVES BALLISTIC COLLAR 20 HYD HYDRATION SYSTEM OPTION 47.78 955.60 20 SC229 SC229111A GROIN GUARD 140.22 280440 20 MON MONARCH 111A GROIN GUARD 163.59 3271.90 20 j TRIFLX TRI -FLEX 111A GROIN GUARD 163.59 3271 BO UTHORIZED BY Jim Fraser 105 Suc c afid Submission of Application for Funding for BVP Approval Page 1 of 1 ATTACHMENT 13 Successful Submission of Application for Funding for BVP Approval Jurisdiction: Application Id: Jurisdiction Contact: Status: Last Submission Date: EL SEGUNDO CITY 00002028 mitch tavera (310) 607 -2299 mtavera @elsegundo.org Sent for BVP Approval 05/02/00 Your Application has been forwarded to BVP for approval. Review and approval of your Application will take place after the program closes May, 2000. You may check the status of your Application at any time by selecting the 'Review Approval Status' option under'Prepare Application' in your Jurisdiction's Handbook. For your reference, the summary data for your Application for Funding is listed below. Application for Funding Name ota ax, * ota u mission Quanti ty &�H{ C7ost Cost Date Juns tctton Levell IS- Grand ota Totals ®� BVP Portion of ota Cost 1 1 ' Total Taxes, Shipping and Handling Cost for each Apphcation 106 https Rvests oJp gov; vests /roles apps /submit_app_to,bvp2 Jsp 1 512/00 ATTAC124M FOUR Tivera, Mitcli(Traffic L0 From: vests @oJp.gov Sent: Sunday, July 09, 2000 11.07 PM To: mtavera @elsegundo.org Subject: Bulletproof Vest Program - Approved Year 2000 Application Notification Bulletproof Vest Program - Approved Year 2000 Application Notification Date Jul 10, 2000 Jurisdiction Name /State EL SEGUNDO CITY, CA Jurisdiction Total Application Amount $ 30380 00 Jurisdiction Approved Federal Funding Amount $ 13750 50 Congratulations This email serves as official notice that the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice, has approved a Year 2000 application under the Bulletproof Vest Partnership Act of 1998 (BVP) for EL SEGUNDO CITY, in the amount of $13750.50. National Institute of Justice (NIJ) approved vests ordered on or after March 1, 1999 are eligible for funding Once purchased vests have been delivered to law enforcement agencies, an online receiving report must be completed The Jurisdiction, through its Intemet- based, online handbook, electronically requests payment from BJA to cover up to 50% of the cost of the vests received, in accordance with the approved funding level Jurisdictions are responsible for ensuring that purchased vests are in compliance with applicable program standards, that the invoiced prices do not include unrelated law enforcement equipment, and that total program payments do not exceed 50% of the cost of vests purchased under this program Jurisdictions with approved 2000 applications may request payments beginning August 1, 2000 This will allow sufficient time for BJA to update its records and ensure the electronic payment process is operating properly Jurisdictions with approved 1999 applications may continue to submit payment requests as needed When BJA approves and processes the Jurisdiction's request for funding, funds are electronically transferred from the U S Treasury to the Jurisdiction's bank account, as identified during the online registration process A minimum of 25 business days may be required to process each payment request Jurisdictions are responsible for facilitating prompt payment to vest vendors and ensuring that electronic banking and routing numbers are correct and accurate in their online BVP profile Only law enforcement officers may receive vests through this program According to the Act, "law enforcement officer' means any officer, agent, or employee of a State, unit of local government, or an Indian tribe authorized by law or by a government agency to engage in or supervise the prevention, detection, or investigation of any violation of criminal law, or authorized by law to supervise sentenced criminal offenders Eligible officers may be full -time, part-time, paid or volunteer Jurisdictions with approved applications must request federal payments no later than September 30th of the fourth federal fiscal year following the end of the federal fiscal year in which their application was approved In other words, the Jurisdiction has four years beyond the year of their application to receive vests and request payments Jurisdictions may not use both BVP and Local Law Enforcement Block Grant (LLEBG) funds to purchase vests during the fiscal year in which the LLEBG funds were awarded 107. Payments and. transactions may be subject to audits by the U.S. General Accounting Office, U.S Department of Justice's Office of the Inspector General and Office of Justice Programs, state or local government auditors, or auditors from independent public accounting firms Jurisdictions must follow their local procurement policies and procedures in the purchasing of vests under this program, including the maintenance of reliable and accurate accounting systems, record keeping, and systems of internal control Recipients of federal funds are expected to retain documentation supporting all program transactions for at least three years following the approved application's final payment request If any litigation, claim, negotiation, audit, or other action involving records has been started before the expiration of the three year period, the records must be retained until completion of the action and resolution of all related issues, or until the end of the regular three year period, whichever is later If you require additional information, please address your concerns to the Bulletproof Vest Program, Bureau of Justice Assistance, 4th floor, 810 7th Street, N W., Washington, D C , 20531 or call the BVP technical support staff at 1- 877- 75VESTS (1- 877 -758- 3787) Thank you 108 109 EL SEGUNDO CITY COUNCIL MEETING DATE: August 15, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Report on Street Tree Removals RECOMMENDED COUNCIL ACTION Receive and File BACKGROUND & DISCUSSION. West Coast Arbonsts have begun Implementation of the City's Street Tree Master Plan As part of the plan, an Inventory of potentially hazardous, diseased, and hardscape damaging trees were Identified city -wide and slated for eventual removal The first group of approximately 60 trees has been removed During this process, a group of residents requested more Information about the process and if there was a potential for removal of trees on their block City staff convened a neighborhood meeting, sending Invitations to all residents on the 300 and 400 blocks of Whiting and Concord streets This meeting was well attended, and a number of issues were addressed It became apparent to staff that, irrespective of the city's Information efforts, some community members were not aware of the approval of the Master Street Tree Plan or how it was going to be Implemented In order to respond to residents' concerns, staff developed the implementation plan (date July 19, attached) and began to address the issues outlined in the plan (Continued on next page) ATTACHED SUPPORTING DOCUMENTS- Street Tree Master Plan Implementation Plan (dated July 19, 2000), Master Street Tree Plan Implementation Meeting (dated July 26, 2000) FISCAL IMPACT. None Operating Budget: Amount Requested. Account Number- Project Phase. Appropriation required: Recreation and Parks Director DATE: August 7, 2000 DATE: n, City Manager 41rlvo 8/8/00 3 23 PM 19 110 Background and Discussion Continued... We have held the meeting with West Coast Arbonsts and the meeting notes are attached for Council's review We will have a community meeting to discuss the implementation of the Master Street Tree Plan on Tuesday, August 22, 7pm in the City Council Chambers The resident representatives on Whiting Street have been informed of this meeting We will also place an ad in the Herald and on our cable channel Also, two letters requesting clarification of the Master Plan were received from Whiting Street residents and answered by staff, and we have dropped off a copy of the city's Street Tree Master Plan for their review At the August 22 meeting, Andy Trotter with West Coast Arbonsts will review the Master Plan and our implementation to date After that meeting, staff will begin to implement the recommendations outlined in the meeting notes from our collaborative meeting with West Coast Arbonsts on July 26 Currently, new trees are being planted in spaces where problem trees were recently removed We are also going to begin trimming trees in the downtown area on Richmond and Grand Avenues 111 STREET TREE MASTER PLAN IMPLEMENTATION PLAN July 19, 2000 • Set a meeting with West Coast Arbonsts and key department staff to discuss Master Plan implementation and strategies for getting more citizens informed about the process • Review the Power point presentation developed by West Coast Arbonsts that shows the Master Plan process, where we are currently with implementation and where we're going for dissemination at a community meeting • Request WCA re- evaluate trees on the "recommended removal" list with staff input Identify and review the rating system used to identify the overall condition of the trees • Set an evening meeting to share our Master Plan vision with interested citizens Invite residents that have shown an interest in the plan to attend • Initiate a direct mail piece that explains the Master Plan philosophy and identifies recommended removals in order of severity • Make the list of all new planting sites throughout the city available to the public Respond to the e-mail request from the Whiting St residents Initiate a quarterly meeting with Public Works, Planning /Budding and Safety, and Recreation and Parks to discuss common issues and possible solutions 112 Master Street Tree Plan Implementation Meeting July 26, 2000 Attendees City Recreation and Parks Staff and West Coast Arbonsts Staff We discussed the Whiting Street meeting and issues raised at the meeting Andy stated that removal is not the only alternative Most of the trees recommended for removal are in their downward lifecycle The average life of a street tree is 14 years Our goal should be to extend that to 40 -50 years This is the age of many of our marginal trees Other ways suggested to slow down the removals would be to increase the maintenance of the trees and accept an increase in liability We discussed a resident's suggestion to spread out removals within the same block to minimize the impact on each neighborhood Andy stated that their crews could take out trees on different blocks over a period of time to lessen the impact to particular blocks WCA will cross - reference the list of 60 trees recently removed city -wide with the recommended removal list developed as part of the Master Street Tree Plan to see how many trees are left on the recommended removal list The removals have been prioritized based on the following criteria Priority 1 Poorly structured /potentially hazardous Code 74 Priority 2 Diseased or declining Code 73 Priority 3 Hardscape damage Code 71 Priority 4 Overhead wires or obstructions Code 72 Priority 5 Inappropriate tree /volunteer Code 75 After the lists have been cross - referenced, and before any removal letters are mailed, staff will evaluate each tree and take digital pictures to document the problems When staff has determined the trees that need to be removed, they will forward the list to WCA The letters will be sent and include a mad back piece that gives the resident three choices for a replacement tree The letter also suggest they call city staff or WCA staff to ask questions or discuss the pending removal Also, a letter or postcard will sent to each homeowner on the block where a tree is to be removed, informing the residents of the pending removal 3-4 weeks after the letters go out, trees are removed If the resident has indicated a tree choice, that tree will be planted If not, the first choice of the three trees recommended by WCA will be planted 113 If the resident doesn't desire a tree in their parkway, City staff will visit the site to determine if the planting is appropriate Our current street tree policy states that if a tree is removed from the city parkway, a replacement tree will be planted in it's place We will need to determine how to address the numerous (approximately 2000) empty parkway street tree locations if people are adamantly opposed to having a tree planted We will need Recreation and Parks Commission /City Council direction on how we will address this issue The municipal code allows residents to appeal staff decisions to the Recreation and Parks Commission This may be the most efficient way to address this issue After the tree is planted, a door hanger will give the resident instructions on how to care for the tree We plan to proceed with the implementation of the Street Tree Master Plan The steps we will follow include • Replacement tree plantings for the 60 trees recently removed The letters and choice cards have already been sent to affected residents, • Staff and WCA will evaluate the tree trimming request log to determine where the most requests are concentrated, • Prune trees on Richmond St, and Grand Avenue, • Service requests for trimming will be handled by city staff and include immediate needs, (e g low hanging branches, power lines, touching homes, etc) The full trimming will be accomplished by WCA crews as part of the grid pruning program • Initiate the "grid pruning" of our street trees by choosing the first of our four service areas that needs pruning the most The grid pruning program will continue on a yearly basis, with approximately 20% of the city street trees pruned each year, • Send out letters to residents with empty street tree sites in front of their homes informing them of the plan to plant a tree and giving them the option of three species, • Staff will respond to residents that don't want a tree planted by conducting a site visit to determine the viability of the planting Staff will contact the resident to determine why they don't want a tree If staff determines the tree is justified, the resident may appeal the decision to the Recreation and Parks Commission, which will make the final decision, as indicated in our Street Tree Policy and Municipal Code Section 12 12 180 114 EL SEGUNDO CITY COUNCIL MEETING DATE: August 15, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Presentation of FY 2000 -2001 Preliminary Operating Budget and Five -Year Capital Improvement Project Plan RECOMMENDED COUNCIL ACTION, • Receive and file FY 2000 -2001 Preliminary Operating Budget and Five -Year Capital Improvement Project Plan • Make public announcements of Budget Calendar Budget workshops August 21, 2000 6-00 P M to 9 00 P M Public Hearing September 5, 2000 7 00 P M Continued Hearing and Adoption September 19, 2000 7 00 P M INTRODUCTION AND BACKGROUND: Copies of the FY 2000 -2001 Preliminary Operating Budget and Five -Year Capital Improvement Project Plan have been distributed to the City Council and are available for public inspection in the Library and the City Clerk's office DISCUSSION (Continued on next page) The FY 2000 -2001 budget process began on May 2, 2000 when the City Council reviewed all FY 1999 -00 Midyear revenues and expenditures and approved the budget calendarfor the next fiscal year ATTACHED SUPPORTING DOCUMENTS. • FY 2000 -2001 Preliminary Operating Budget • FY 2000 -2001 Budget Calendar Fiscal Impact, FY 2000 -2001 Budget Operating Budget. Amount Requested: Account Number. Project Phase: Appropriation Required: Bret M Plumlee, Director of Finance Date: v 20 DISCUSSION: The midyear -review was followed by a budget kickoff with all departments Departments were given budget instructions and specific guidelines as directed by the City Manager On July 24, 2000, the City Council, led by a moderator, held a Strategic Planning Session with the City Manager and all department heads During this planning session, the City Council reviewed all departmental projects and helped to establish priority and set the direction for the next fiscal year Budget was a consideration in determining how to rank a project Projects were added or deleted based on the priority established together by the City Manager, all departments, and the City Council The budget impact of any new projects is included in the FY 2000 -2001 Preliminary Budget The City Council reviewed the FY 2000 -2001 revenue assumptions and forecasts on August 1 2000 The final steps in the process are a budget workshop on August 21, 2000, a public hearing on September 5, 2000, and final budget adoption on September 19, 2000 A copy of the FY 2000 -2001 Budget Calendar of events is attached to this report 4 116 CITY OF EL SEGUNDO BUDGET CALENDAR MIDYEAR FY 19992000 & BUDGET FY 20002001 Dates Responsibiliry 1/12,2000- 5/162000 Finance Department Update equipment replacement schedule 3/12000 Department Heads Departments submit CIP requests including project descriptions justifications, cost estimates, proposed funding source(s) and cost savings if anN Changes to current CIP budget should also be submitted at this time 3/15'2000- 6'30'2000 CIPAC Public Works Department to assemble all - Finance Department departmental requests and schedule CIPAC meetings Finance will prepare year-end estimated expenditures for current projects and estimated year- end fund balances 411712000- 4/282000 Department Heads Departmental preparation of FY 19992000 estimated expenditures at 91302000 departmental preparation of FY 1999/2000 estimated revenues at 9,130 '2000, if applicable 428,2000-5/16,2000 Finance Department Prepare revenue and mid -year budget review 5 16'2000 City Manager Final Budget calendar to be presented to City Council 5 16'2000 City Council Presentation to City Council of mid -vear budget C* Manager review pertaining to projected year-end expenditures and revenues for FY 1998/99 5117'2000 Finance Secretary Finance department to distribute budget packet including a budget message from the City Manager, instructions, worksheets on expenditures and revenues, personnel, capital outlay requests, travel and meetings, professional and technical services, contractual services, dues and subscriptions. training and education, and new program requests Shared network drive will be utilized where available 5/ 17 /2000 - 51312000 Department Heads Submit the following to the Finance Department (FY 1999 -00 Budget) 1) Proposed fee increases as of October 1, 1999 in accordance with City ordinances, if applicable, 2) Completed expenditure and revenue worksheets, 3) Completed personnel worksheets, 4) Completed Capital Outlay Requests, 5) Completed Travel and Meetings, Professional and Technical Services, Dues and Subscriptions, Training and Education, 6) Completed New Program Requests, if applicable, and 7) Completed departmental and divisional narratives updated on network ("T' Drive) 117 CITY OF EL SEGUNDO BUDGET CALENDAR (CONTINUED) MIDYEAR FY 1999/2000 & BUDGET FY 200012001 Dates Resuonsibihty 5,T9'3000- 6/122000 Finance Department Finance Department inputs and compiles estimated Finance SeCretar) revenues and budget requests and prepares budget worksheets, narratives and capital requests for submission to the Cm Manager and distribution to Department Heads in preparation for budget sessions 6'l2'2000- 6'16'2000 City Manager Department budget sessions with the City Manager Finance Director Finance Department and individual departments to discuss departmental budgets. departmental narratives, and proposed reorganizations or program changes 6'19'2000 - 630!2000 Finance Department Finance recalculates preliminary budget totals based on adjustments made during departmental budget sessions and submits revised numbers to the City Manager for review 6 30 2000 Department Heads Departments return completed diskettes or updates completed on shared network drive where available to the Finance Department 7 1 2000 -7 31 '2000 Business Services Finance Department compiles and prints Manager preliminary budget 7 20'2000 Public Works Dept Public Works submits preliminary CIP program to the Cin Manager for review pending City Council direction 7'24'2000 City Manager Finance Department reviews and finalizes revised Finance Department budget totals narratives, and capital equipment requests with the City Manager 7 242000 Finance Director Review FY 1999 -2000 Revenue Forecast and Assumptions 7,'242000 City Council, City Council Strategic Planning Session City Manager, Dept Heads 8115'2000 City Council Cm Council receives preliminary operating and CIP budgets, and sets dates for budget workshops and public hearings 8'21 2000 Finance Department City Council workshop on operating and CIP budgets 118 CITY OF EL SEGUNDO BUDGET CALENDAR (CONTINUED) MIDYEAR FY 199912000 & BUDGET FY 20002001 Dat s Responsibility 9152000 City Council City Council holds a public hearing on the FY 20002001 annual operating budget and the FY 20002001 thru 2004,2005 CIP budget 91192)000 Cm Council City Council adopts the FY 20002001 annual operating budget, the FY 20002001 thru 20042005 CIP budget. and the appropriations limit 119 120 EL SEGUNDO CITY COUNCIL MEETING DATE: August 15, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Introduction and First Reading of an Ordinance Amending Chapter 3 24 130 of the El Segundo Municipal Code relating to Utility User's Tax (UUT), adoption of UUT Administrative Rules and Regulations, approval of UUT fixed fee and legal services agreements RECOMMENDED COUNCIL ACTION. • Adopt Utility User's Tax (UUT) Administrative Rules and Regulations • Introduce First Reading of Ordinance Amending Chapter 3 24 130 of the Municipal Code • Approve Fixed Fee Agreement between MBIA MuniServices Company /Municipal Resources Consultants (MMC) and the City of El Segundo • Approve Legal Services Agreement between Don Maynor and the City of El Segundo BACKGROUND & DISCUSSION: The City's current UUT ordinance was originally adopted in 1988 and modified by an election held in April 1996 ATTACHED SUPPORTING DOCUMENTS. The intention of the adoption of the proposed UUT Administrative Rules and Regulations and Ordinance is to safeguard the utility user's tax source of revenue FISCAL IMPACT. Safeguard against the possible loss of $565,000 in Telephone Utility User's Tax Operating Budget: Amount Requested: Account Number. Project Phase: Adoption of Ordinance, Approval of Agreements Appropriation required- No �� t % Bret M Plumlee, Director of Finance Manager DATE: 8/8/200 U 4.) 8/8/00 12 45 PM ` 121 Background and Discussion (contd ) At the time of the adoption, only a small number of utility providers existed due to monopoly conditions in the telecommunications, electricity, and natural gas industries Due to deregulation, the number of utility service providers has increased significantly In addition, technological changes have resulted in new services being offered to utility customers In order to provide guidance to the many new utility service providers regarding their collection responsibilities and to ensure that the City's UUT ordinance is applied to all applicable services in a manner consistent with the original intent of the ordinance, it is appropriate at this time to adopt administrative rules and regulations as authorized by Section 3 24 100 of the voter adopted UUT ordinance Additionally, the proposed administrative rules and regulations allow the tax administrator (Director of Finance) the flexibility to issue rulings interpreting the UUT ordinance without having to modify the ordinance This will be especially beneficial as technology continues to quickly change the utility industry Significant impacts of the proposed administrative rules and regulations include the following Federal legislation has recently been introduced that would repeal the Federal Excise Tax (FET) The proposed administrative rules and regulations make clear that a repeal of the FET will not affect the City's ability to levy the UUT Exempt service users will be obligated to inform the City of their exempt status The proposed administrative rules and regulations make it clear that the utility user is ultimately responsible for the tax The clarifying amendment to the UUT ordinance does the following 1 Clarifies the penalty for failing to comply with the record - keeping requirements of the UUT ordinance 2 Clarifies that filing a claim with the City on behalf of a class or group of taxpayers is prohibited, and 3 Clarifies the procedure for filing an appeal of any decision or administrative ruling of the Tax Administrator 818100 12 45 PM 12 r' Fixed Fee and Legal Services Agreement The objective of these agreements is to provide the City with certain professional services in furtherance of a comprehensive UUT/franchise compliance and revenue protection program that is designed to preserve, protect, and enhance the UUT tax and utility franchise revenues The City currently contracts with MMC on a contingency basis to perform UUT and franchise fee audits Audit services will now be done on a fixed fee basis, which will enable the City to achieve lower costs for industry wide analysis performed by MMC and will help to develop consensus -based decisions regarding interpretations and tax implementation that utility industries require of California public agencies Audit services performed by MMC that is specific to the City of El Segundo will continue to be priced on a contingency basis 8/8/00 13 45 PM 123, CITY OF EL SEGUNDO CONNERCIAL AND INDUSTRIAL UTILITY USERS TAX ADMINISTRATIVE REGULATIONS AND ADMINISTRATIVE RULES ARTICLE I. ADMINISTRATIVE REGULATIONS Pursuant to Section 3.24 100 of the City of El Segundo (" Cit) ") Commercial and Industrial Utility Users Tax ( "UUT") Ordinance. the Tax Administrator has the power and duty to (t) enforce each and all of the provisions of the UUT Ordinance, and (u) adopt rules and regulations not inconsistent with the provisions of the UUT Ordinance for the purpose of carrying out and enforcing the payment. collection and remittance of the taxes imposed therein In accordance therewith, the Tax Administrator has promulgated the administrative regulations set forth herembelow These administrative regulations are clarifications of the City's existing UUT Ordinance. and do not impose a new tax, revise an existing tax methodology. or increase an existing tax Definitions Except where the context otherwise requires, the definitions set forth herein shall govern the application and interpretation of these administrative regulations A Billing Address "Billing Address' shall mean the mailing address of the sen ice user where the service supplier submits invoices or bills for payment by the customer B City "City" shall mean the City of El Segundo. C Charges. As used in Section 3.24 030(a), 3.24 040(a), 3.24 050(a), and 3 24 055(a) of the UUT Ordinance, the term "charges" shall also include the value of any other services. credits, property of every kind or nature, or other consideration provided b) the service user in exchange for the electricity, gas. water or telecommunications services D Non - Utilitv Service Supplier "Non - Utility Service Supplier" shall mean (1) A service supplier. other than a supplier of electric distribution sen ices to all or a significant portion of the City, which generates electricity for sale to others, and shall include but is not limited to any publicly -owned electric utility, investor - owned utility, cogenerator, distributed generation provider, exempt wholesale generator, municipal utility district, federal power marketing agency, electric rural cooperative, or other supplier or seller of electricip. 124 (2) An electric service provider ( "ESP "). electnctt% broker. other than a supplier of las distribution services to all or a significant portion of the Cm. w hich sells or supplies electncm or supplemental services to electncit} users within the Cm . and (3) A gas service supplier. aggregator, marketer or broker. other than a supplier of gas distribution services to all or a significant portion of the Cm . which sells or supplies gas or supplemental services to gas users within the Cm E Service Address "Service Address shall mean the street address of the serN ice user s primary place of usage F Service Supplier In addition to the definition stated in Section 3 24 010(d) of the -UUT Ordinance, the term "service supplier' shall include an% ennn or person required to collect. or self - collect under Section V of these Administrative Regulations, and remit a tax, including its billing agent in the case of electric, gas, or water service suppliers G Telephone Communication Services As used in Section 1.24 055 of the UUT Ordinance, the term 'Telephone Communication Services" shall mean . communications services' as defined in Sections 4251 and 4252 of the Internal Revenue Code, and the regulations thereunder. and shall include any telephonic quality communication for the purpose of transmitting messages or information (including but not limited to voice, telegraph, teletypewriter, data, facsimile, video. or text) b} electronic. radio or similar means through "interconnected service" with the "public switched network" [as these terms are commonly used in the Federal Communications Act and the regulations of the Federal Communications Commission — see 47 U.S.0 A Section 332(d)]. whether such transmission occurs by wire, cable, fiber - optic, light wave, laser. microwave, radio wave [including. but not limited to, cellular service, commercial mobile service, personal communications service (PCS), specialized mobile radio (SMR), and other types of mobile telecommunications regardless of radio spectrum used], switching facilities. satellite or any other similar facilities The term "telephone communication services" shall not include "private mobile radio service" [as defined in Pan 20 of Title 47 of the Code of Federal Regulations] or "private mobile service" [as defined in 47 U S C A Section 332(d)] which is not interconnected to the public switched network The tax imposed under section 3.24.055(a) of the UUT Ordinance shall not be imposed upon any person for using telephone communication services to the extent that, pursuant to Sections 4252 and 4253 of the Internal Revenue Code, the amounts paid for such communication services are not subject to or are exempt from the tax imposed under Section 4251 of the Internal Revenue Code In the event that the federal excise tax on "communication services" as provided in Sections 4251.4252 and 4253 of the Internal Revenue Code is subsequently repealed. any reference in the UUT Ordinance or in these administrative regulations to such law. including any related federal regulations, private letter rulings, case law. and other opinions interpreting these sections, shall refer to that body of law that existed immediately prior to the date of IR #G684 %S -.�- 125 repeal, as well as to any judicial or administrative decision interpreting such federal excise tax laic which is published or rendered after the date of repeal II Exemptions A. Nothing in Chapter 3.24 of the Code shall be construed as imposing a tax upon the City or any of its departments, agencies, boards or commissions or upon the El Segundo unified School District. Centmela Valle} Union High School District or the Wisebum School District, or upon any other person or service when imposition of such tax upon that person or service would be in violation of the Constitution of the United States or the Constituuop of the State of California B Any service user that is exempt from the tax imposed by Chapter J.24 of the Code shall file an application with the Tax Administrator for an exemption. provided. however. this requirement shall not apply to a service user that is a state or federal agency or subdivision with a commonly recognized name, or is a service user of telephone communication services that has received a federal excise tax exemption certificate for such service Said application shall be made upon a form approved by the Tax Administrator and shall state those facts. declared under penalty of penury, which qualif% the applicant for an exemption, and shall include the names of all utility service suppliers serving the service user If deemed exempt by the Tax Administrator. such service user shall give the Tax Administrator timely notice of any change in utility service suppliers so that the Tax Administrator can properly notify the new utility service supplier of the service user's tax exempt status A service user that fails to comply with this Rule shall not be entitled to a refund of utility users' taxes collected and remitted to the Tax Administrator from such service user as a result of such non - compliance Upon request of the Tax Administrator. a service supplier or non - utility service supplier, or its billing agent, shall provide a list of the names and addresses of those customers which, according to its billing records, are deemed exempt from the utility users' tax With respect to a service user of telephone communication services, a service supplier of such telephone communication services doing business in the City shall, upon request of the Tax Administrator, provide a copy of the federal exemption certificate for each exempt customer within the City that is served by such services supplier Notwithstanding anything to the contrary set forth herein. a residential service user that is not subject to the tax imposed by Chapter 3.24 of the Code shall not be required to file an application with the Tax Administrator for an exemption pursuant to this section. III Electncitv Users Tax A The tax imposed by Section 3.24 030 of the UUT Ordinance applies to the charges made for electricity, and for any supplemental services or other associated acti%Cues directly related to and/or necessary for the provision of electricity to the service user. A hich are provided by a service supplier or non - utility service supplier to a service user The tax shall be collected from the service user by the service supplier or non - uathn service supplier, or its billing agent 1n rye 4 0 -3- 126 B ` The Tax Administrator. from time to time. may survey the electric suppliers to identify the various unbundled billing components of electric retail service that they commonly provide to residential and commerciaUmdustnal customers in the Cit) . and the charges therefor. including those items that are mandated by state or federal regulatory agencies as a condition of providing such electric service The Tax Administrator. thereafter. may issue and disseminate to such electric service suppliers an administrative ruling identifvtng those components and items which are i) necessary or common to the receipt. use or enjovment of electric service. or, u) currently. or historically have been. included in a single or bundled rate for electric service b-, a local distribution company to a class of retail customers Unbundled charges for such components and items shall be subject to the tax imposed b) Section 3 24 030 of the UUT Ordinance C If a non - taxable service and a taxable service are billed together under a single charge. the entire charge shall be deemed taxable unless the service supplier can reasonably identify charges not subject to the utility users tax based upon its books and records that are kept in the regular course of business. which shall be consistent with generally accepted accounting principles D The tax on electricity provided by a non - utility service supplier not under the jurisdiction of Chapter 3.24 of the El Segundo Municipal Code shall be collected and remitted in the manner set forth to Section V of these UUT Administrative Regulations All other taxes on charges for electricity imposed by Section 3.24 030 of the UUT Ordinance shall be collected from the service user by the electric service supplier or its billing agent The amount of tax collected in one (1) month shall be remitted to the Tax Administrator. and must be received by the Tax Administrator on or before the last day of the follow ing month. or. at the option of the person required to collect and/or remit the tax. such person shall remit an estimated amount of tax measured by the tax billed in the previous month or upon the payment patters of the service user, which must be received b) the Tax Administrator on or before the twentieth (20th) day of the following month, provided that the service user shall submit an adjusted payment or request for credit, as appropriate, within sixty (60) days following each calendar quarter The credit, if approved by the Tax Admtntstrator, may be applied against any subsequent tax bill that becomes due IV Gas Users Tax A The tax imposed by Section 3.24 040 of the UUT Ordinance applies to the charges made for gas, including all services related to the storage, transportation and delivery of such gas The tax shall be collected from the service user by the service supplier or non - utility service supplier, or its billing agent B The Tax Admtntstrator, from time to time, may survey the gas service suppliers to identify the various unbundled billing components of gas retail service that they commonly provide to residential and commercial /industnal customers in the City, In atW %4 -4- 127 and the charges therefor, including those items that are mandated by state or federal regulatory agencies as a condition of providing such gas service The Tax Administrator. thereafter. may issue and disseminate to such gas service suppliers an administrative ruling identifying those components and items which are i) necessary or common to the receipt. use or enjoyment of gas service, or. it) currently. or historically have been. included in a single or bundled rate for gas service by a local distribution compan% to a class of retail customers Unbundled charges for such components and items shall be subject to the tax imposed by Section 3.24.040 of the UUT Ordinance C If a non - taxable service and a taxable service are billed together under a single charge. the entire charge shall be deemed taxable unless the service supplier can reasonably identify charges not subject to the utility users tax based upon its books and records that are kept in the regular course of business, which shall be consistent with generally accepted accounting principles D The tax that is calculated on charges for gas provided by self - production or by a non - utility service supplier not under the jurisdiction of Chapter 3.24 of the El Segundo Municipal Code shall be collected and remitted in the manner set forth to Section V of these UUT Administrative Regulations All other taxes on charges for gas imposed by Section 3 24 040 shall be collected from the service user by the gas service supplier or its billing agent The amount of tax collected to one (1) month shall be remitted to the Tax Administrator, and must be received by the Tax Administrator, on or before the last day of the following month, or, at the option of the person required to collect and/or remit the tax. such person shall remit an estimated amount of tax measured bN the tax billed in the previous month or upon the payment pattern of the service user. which must be received by the Tax Administrator on or before the twentieth (20th) day of the following month, provided that the service user shall submit an adjusted payment or request for credit. as appropriate, within sixty (60) days following each calendar quarter The credit, if approved by the Tax Administrator, may be applied against any subsequent tax bill that becomes due. V Collection of Tax From Service Users Receivme Direct Purchase of Gas or Electnctty A Any service user subject to the tax imposed by Section 3.24.030 or Section 3 24 040 of the UUT Ordinance, which produces gas or electricity for self -use; which receives gas or electricity, including any related supplemental services. directly from a non - utility service supplier not under the jurisdiction of Chapter 3.24 of the El Segundo Municipal Code, or which. for any other reason, is not having the full tax collected and remitted by its service supplier, a non - utility service supplier, or its billing agent on the use of gas or electricity, including any related supplemental services, in the City, shall report said fact to the Tax Administrator and shall remit the tax due directly to the Tax Administrator within thirty (30) days of such use In lieu of paying said actual tax, the service user may, at its option, remit to the Tax Administrator within thnty (30) days of such use an estimated amount of tax measured by the tax billed in the previous month. or upon the payment pattern of similar customers of the service supplier using similar -i- 128 amounts of gas or electricity, provided that the service user shall submit an adjusted payment or request for credit, as appropriate, within sixty (60) days following each calendar quarter The credit. if approved by the Tax Administrator. may be applied against any subsequent tax bill that becomes due B The Tax Administrator may require said service user to identify its non - utility service supplier and provide, subject to audit, invoices. books of account. or other satisfactor,, evidence documenting the quantity of gas or electricity used. including an} related supplemental services. and the cost or price thereof If the service user is unable to provide such satisfactory evidence, or, if the administrative cost of calculating the tax in the opinion of the Tax Administrator is excessive, the Tax Administrator may determine the tax by applying the tax rate to the equivalent charges the service user would have incurred if the gas or electricity used. including any related supplemental services. had been provided by the service supplier that is the primary supplier of gas or electricity with the City Rate schedules for this purpose shall be available from the City VI Telephone Users Tax A To the extent allowed by law, the tax on telephone communication services shall apply to a service user if the billing or service address of the service user is within the City's boundaries If the billing address of the service user is different from the service address. the service address of the service user shall be used B The Tax Administrator, from time to time, may issue and disseminate to telecommunications service suppliers. which are subject to the tax collection requirements of the UUT Ordinance, an administrative ruling identifying those telecommunication services that are subject to the tax imposed in Section 3.24.055(a) of the UUT Ordinance This administrative ruling shall be consistent with legal nexus and the federal excise tax rules, regulations. and laws pertaining to "communication services" and shall not impose a new tax, revise an existing methodology. or increase an existing tax C If a non - taxable service and a taxable service are billed together under a single charge. the entire charge shall be deemed taxable unless the service supplier can reasonably identify charges not subject to the UUT based upon its books and records that are kept in the regular course of business, which shall be consistent with generally accepted accounting principles D To prevent actual multi- lunsdictional taxation of telephone communication services subject to tax under this Section, any service user, upon proof to the Tax Administrator that the service user has previously paid the same tax in another state or city on such telephone communication services, shall be allowed a credit against the tax imposed to the extent of the amount of such tax legally imposed in such other state or city, provided, however. the amount of credit shall not exceed the tax owed to the City under this Section For purposes of establishing sufficient legal nexus for the imposttion and collection of the UUT on charges for telephone communications services In #%84 %t -6- 12 rI -4 pursuant to Chapter 3.24 of the El Segundo Municipal Code. "minimum contacts" shall be construed broadiy in favor of imposition and collection of the UUT to the fullest extent penttmed by California and federal law, and as it may change from time to time VII Filing Reaurrements Each person required to remit a tax shall file a return with the Tax Administrator on forms approved by the Tax Administrator on or before the due date The full amount of the tax owed shall be included with the return and filed with the Tax Administrator The Tax Administrator is authorized to require such additional information as he or she deems necessary, to determine if the tax is being levied. collected and remitted properly Returns are due immediately upon cessation of business for any reason Pursuant to California Revenue and Taxation Code Section 7284.6, the Tax Administrator, and its agents. shall maintain such filing returns as confidential information, and not subject to the Public Records Act. A direct deposit, including electronic fund transfers and other similar methods of electronically exchanging monies between financial accounm made by a services supplier in satisfaction of its oblications under this subsection shall be considered timely if the transfer is initiated on or before the due date. and the transfer settles into the City's account on the following business day VIII Service User Assessments A Pursuant to Section 3.24 110(b) of the WT Ordinance, the Tax Administrator may relieve a service supplier of the obligation to collect the taxes due from certain named service users for specific billing periods whenever the Tax Administrator determines that a service user has deliberately withheld the amount of the tax owed by him from the amounts remitted to the service supplier required to collect the tax, or that a service user has refused to pay the amount of tax to such service supplier, or whenever the Tax Administrator deems it in the best interest of the City In such event, the service supplier shall provide the Tax Administrator with the names and addresses of such service users and the amounts of the tax owed IX Service User Assessments The Tax Administrator may make an assessment for taxes not paid or remitted by a service user required to pay or remit, pursuant to Section 3.24.110 of the UUT Ordinance. A public hearing on the assessment shall be held. The City Clerk shall mail a copy of a notice of the assessment and hearing to the service supplier and to the service user at least ten (10) days prior to the date of the hearing and shall post such notice for at least five (5) continuous days prior to the date of the hearing Any interested party having any objections may appear and be heard at the hearing provided his objection is filed in writing with the City Clerk prior to the time of the hearing At the time fixed for considering such assessment, the Tax Administrator shall hear the same, together with am objections filed as provided in this Section. and thereupon may confirm or modify such assessment by motion im d;eaa 7- 1�0 X RecoFds A It shall be the duty of even person required to collect and/or remit to the City any tax imposed by Chapter 3.24 of the El Segundo Municipal Code to keep and preserve, for a period of at least three (3) years, all records as may be necessan to determine the amount of such tax as he or she may have been liable for the collection of and/or remittance to the Tax Administrator. which records the Tax Administrator. or the Tax Administrator s designated representative. shall have the right to inspect at a reasonable time B The City may issue an administrative subpoena to compel a person to deliver. to the Tax Administrator copies of all records deemed necessan by the Tax Administrator to establish compliance with the WT Ordinance and these regulations, including the delivery of records in a common electronic format on readily available media if such records are kept electronically by the person in the usual and ordinary course of business As an alternative to delivering the subpoenaed records to the Tax Administrator on or before the due date provided to the administrative subpoena. such person ma} provide access to such records outside the City on or before the due date. provided that such person shall reimburse the City for all reasonable travel expenses incurred by the City to inspect those records, including travel. lodging, meals, and other similar expenses. but excluding the normal salary or hourly wages of those persons designated by the City to conduct the inspection. C The Tax Administrator, or the Tax Administrators designated representative, is authorized to execute a non - disclosure agreement approved by the City 4ttorney to protect the confidentiality of customer information pursuant to California Revenue and Taxation Code Sections 7284.6 and 7284 7 The Tax Administrator. or the Tai. Administrator's designated representative, may request from a person providing transportation or distribution services of gas or electricity to service users within the City. a list of the names, billing and service addresses. quantities of gas or electricity delivered. and other pertinent information. of its transportation customers within the City pursuant to Section 6354(e) of the California Public Utilities Code. D If a service supplier uses a billing agent or billing aggregator to bill. collect, and/or remit the tax, the service supplier shall (i) provide to the Tax Administrator the name, address and telephone number of each billing agent and billing aggregator currently authorized by the service supplier to b ill, collect, and/or remit the tax to the City, and, (it) upon request of the Tax Administrator. deliver, or effect the delivery of, any information or records in the possession of such billing agent or billing aggregator that. in the opinion of the Tax Administrator, is necessary to verify the proper application, calculation, collection and/or remittance of such tax to the City im bi684 ii -8- < 131 XI Refunds A service supplier shall be entitled to take any overpayment as a credit against an underpayment whenever such overpayment has been received by the City within the three (3) years next preceding a notice of tax deficiency or assessment by the Tax Administrator, or during any year for which the services supplier. at the request of the Tax Administrator. has executed a waiver of the defense of the statute of limitations with regard to any claim the City may have for a utility users tax Under no circumstances shall an overpayment taken as a credit against an underpayment qualif} a sen ice supplier for a refund to which it would otherwise not be entitled under the one -year written claim requirement of Section 3 24 120 of the UUT Ordinance ARTICLE II. ADMINISTRATIVE RULES Obligations of Citv A The City will assume the following responsibilities. (1) For existing taxes. and prior to the implementation of a newt UUT administrative rule. City will assure the accuracy of its boundary information (including the reflection of the latest annexation and municipal reorganizations) needed for utility billing and tax collection purposes. by offering to review and correct the service provider's computerized billing data no less than once a year City will also make Mailable. upon request by a service provider, its current boundary information The service provider shall not be responsible or liable for the collection or payment of any past UUT taxes that were not collected due to the inaccuracy of information provided by the Cite or due to the City's failure to make appropriate corrections to the service provider's billing data to the extent that the City reviews such data at the request of the sen ice provider (2) Provide service providers with accurate and timely ordinance information, including ordinance amendments. at a central location (currently the MBIA MumServices Company (MMC) website Imp / /www munisolutions co m City will provide written notice of changes to its UUT Administrative Rules to persons designated by the service provider In the absence of special circumstances, the service provider shall begin implementation of the UUT Administrative Rule change within sixty (60) days from the date on which the service provider receives the written notification from the City If the 60"' day is not the first day of the month, then the service provider shall implement the changes no later than the first billing cycle of the month following the month in which the 60`s day occurs To "begin implementation" means to calculate and place the UUT tax in the customer billing (3) As provided in Public Utilities Code Section 799, City shall assume sole responsibility for defending any legal challenge regarding the validity of the UUT Ordinance and the UUT Administrative Rules, any part thereof, or any collection In 05684,5 -9- ]32 thereunder. and shall defend and hold harmless any tax collecting agent named in such action for properly performing its legal obligations set out in the UUT Ordinance and the UUT Administrative Rules (4) Reimburse service providers for the reasonable costs associated with an extraordmary audit request (including but not limited to significant modifications to existing billing software in order to respond to an audit request) (5) Take reasonable steps to assure that all service providers. including new market entrants. are correctly applying and collecting the UUT tax (6) To the extent feasible. permit service providers to follow the same payment and remittance protocol for UUT collections that is generally employed b% other California public agencies, provided that such protocol is agreed to and reflected in these administrative rules by the Tax Administrator (7) UUT taxes may be remitted by electronic funds transfer (EFT) in lieu of U.S Mail, provided that such protocol is agreed to by the Tax Administrator (8) Following the effective date of these administrative rules, the Tax Administrator shall notify the service providers within the City that they may request that the Tax Administrator and City Attorney render a determination of the application of the UUT tax to their various existing services If such request is made within ninety (90) days of the notice. then any determination by the Tax Administrator and the City Attorney shall apply prospectively The Tax Administrator shall give the service provider at least a sixty (60) day written notice following the determination of tax application before implementation of such changes shall be required If the 60`h day is not the first day of a month. then the service provider shall implement the changes on the first da% of the month following the month in which the 60ih day occurs To begin "implementation" means to calculate and place the UUT tax in the customer billing The Tax Administrator and City Attorney shall not be required to render a determination with prospective effect under this subsection where a service provider fails to apply the UUT tax at all, or fails to apply the tax to a service which is predominantly viewed by the service provider's industry as being subject to the UUT tax or. in the case of telecommunication services. has been directly determined by the IRS within the past six months or more, to be subject to the federal excise tax (9) Where new utility technologies are employed or new utility services are being offered, a service provider may request that the Tax Administrator and City Attorney render a determination of applicability within ninety (90) days of providing such services or technologies Upon rendering a determination of applicability, the Tax Administrator shall seek prospective application of the UUT tax ordinance to such technologies or services The Tax Administrator shall give the service provider at least a sixt} (60) day written notice before implementation of such changes shall be required If the 60'h da} is not the first day of the month. then the service provider shall imPlement the changes on the first day of the month following the month in which the 60' day In uW4 ; _10- 133 occurs. To "begin implementation" means to calculate and place the UUT tax in the customer billing (10) Regarding Paragraphs 8 and 9 above, the Tax Administrator and City Attorney may participate in an advisory committee, comprised of representatives of public agencies with UUT ordinances. to develop and recommend to such public agencies (after meeting and conferring with service provider representatives) uniform applications of the UUT tax to various utility services and technologies. uniform implementation protocols. and appropriate amendments to UUT ordinances to reflect industn. regulator}. and technological changes (11) Tax Administrator and City Attorney shall take reasonable steps to notif} all service providers providing similar services of an% determination made under paragraph 8 or 9 - II Citv Contractors The Tax Administrator has the right and obligation to assure fair and reasonable compliance with the UUT ordinance Due to the complexity of utility services. technologies. and tax administration. the Tax Administrator may require special outside expertise ("Contractor ") to assist in performing compliance review of the UUT ordinance Service providers have a legitimate interest in assuring that such Contractors maintain the confidentiality of utility customer information and conduct their compliance re% sews in a professional and efficient manner The Tax Administrator's use of a Contractor shall therefore be subject to the following rules A The Contractor will provide, at the beginning of each and every audit ensaeement, a letter or resolution from the Civ, to the service supplier that identifies the Contractor as an authorized agent of the City B The Contractor will execute a non - disclosure agreement (approved by the City Attorney) in which the Contractor agrees to maintain the confidentiality of customer information and not to use individual customer information for any purpose other than the UUT compliance review of this City C The Contractor shall fully disclose to the City any potential conflict of interest (e.g , prior or proposed representation of private utility customers within the City) D The Contractor shall not make any data requests of a service provider unless the Contractor first receives the review and written approval of the Tax Administrator of said request prior to the request being made to the service provider E The Contractor will be authorized to perform a compliance review (including sampling audits and computerized reviews) which, to its professional opinion, is reasonably necessary to perform its contractual obligation to the City If a service In - 134 provider refuses to cooperate in connection with such compliance review, the Contractor shall immediately advise the Tax Administrator so that the Tax Administrator may take appropriate remedial steps F The Contractor will use its best efforts to accurately identify' all errors. whether such corrections are in favor of the customer, the City, another public agency, or the service provider G The Tax Administrator shall mail to the service provider a copy of the draft compliance report prepared by the Contractor regarding such service provider The service provider shall have thirty (30) days from the date of mailing to respond in writing to any aspect of the draft report before such report becomes final The final report will identify and address all substantive written comments on the draft report submitted by the service provider - Iry 05697 vi -12- 135 ORDINANCE NO AN ORDINANCE OF THE PEOPLE OF THE CITY OF EL SEGUNDO, CALIFORNIA. AMENDING CHAPTER 3.24, ENTITLED "UTILITY USERS TAX," BY ADDING SECTION 3.24 125, ENTITLED "VIOLATION OF RECORDS REQUIREMENT, PENALTY," SUBSECTION (F). TO SECTION 3 24 130, ENTITLED "REFUNDS," AND SECTIONT 3 24 170, ENTITLED "APPEALS THE CITY COUNCIL OF THE CITI OF EL SEGUNDO ORDAINS AS FOLLOWS: Section I Chapter 3.24, entitled "UTILITY USERS TAX" of Title 3 of the El Segundo Municipal Code is hereby amended by adding Section 3.24 125, entitled "VIOLATION OF RECORDS PROVISION, PENALTY" to read as follows "3.24125 VIOLATION OF RECORDS REQUIREMENT; PENALTY. If any person subject to record - keeping under this Chapter unreasonably denies the Tax Administrator, or the Tax Administrator's designated representative, access to such records, the person unreasonably denying access shall be subject to a penalty of five hundred dollars (5500) for each violation The person shall be guilty of a separate offense for each and every day during any portion of «huh denial of access is committed, continued or permitted by such person This penalty shall be in addition to an% other penalty imposed under this Code " Section 2 Chapter 3 24, entitled "UTILITY USERS TAX" of Title 3 of the El Segundo Municipal Code is hereby amended by adding subsection (f) to Section 3 24 130, entitled "REFUNDS" to read as follows "(1) Nothing herein shall permit the filing of a claim on behalf of a class or group of taxpayers " Section 3 Chapter 3.24, entitled "UTILITY USERS TAX" of Title 3 of the El Segundo Municipal Code is hereby amended by adding Section 3.24 170, entitled "APPEALS" to read as follows OP MANCE NO 136 LMLITY USERS TAX PAGE NO I _ "3.24.170 APPEALS. A If the service user or service supplier is aggrieved by any decision or administrative ruling of the Tax Administrator, or with the failure to grant a refund or exemption as provided for under Chapter 3.24 of the El Segundo Murucipal Code, he may appeal to the City Manager, or his or her duly authorized designee, by filing a notice of appeal with the City Clerk within fourteen (14) days of the decision or administrative ruling which aggrieved the service user or service supplier. The City Clerk shall thereupon fix a time and place for a hearing of such appeal The City Clerk shall give notice to such person of the time and place of hearing as herein provided B The decision of the City Manager, or his or her duly authorized designee, shall be final unless appealed to the City Council, in the manner provided for in this subsection, no later than ten calendar days after the date of the decision (1) The Notice of appeal shall contain the name and address of the person appealing the action, the decision appealed from and the grounds for the appeal A defect in the form of the notice does not affect the validity or right to an appeal The notice of appeal shall be accompanied by the fee fixed by resolution of the City Council (2) A City Council member may appeal a decision of the City Manager The appeal shall be processed in the same manner as an appeal by any other person but need not be accompanied by the fee prescribed for an appeal The City Council member appealing the decision is not disqualified by that action from participating in the appeal hearing and the deliberations nor from voting as a member of the City Council (3) The City Clerk shall set the matter for hearing before the City Council and shall give notice of the hearing on the appeal ORDINANCE NO UTILITY USERS TAX PAGE NO 2 137 (4) The City Council shall hear the appeal as a new matter The original applicant has the burden of proof The City Council may reverse or affirm the City Manager's decision in whole or in part, or may modify the decision that is being appealed, irrespective of the precise grounds or scope of the appeal In addition to considering the testimony and evidence presented at the hearing on the appeal, the City Council shall consider all pertinent information from the file as a result of the previous actions from which the appeal is taken C No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action, or proceeding in any court against this City or against any officer of the City to prevent or enjoin the collection under Chapter 3.24 of the El Segundo Municipal Code of any tax or any amount of tax required to be collected and/or remitted " Section 4 If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof, Section 5 The City Clerk shall certif% to the passage and adoption of this Ordinance and enter it into the book of original Oi dmances law Section 6 The City Clerk shall publish or post the ordinance according to ORDINANCE NO UTILITY PAGE NO 3 138 PASSED, APPROVED AND ADOPTED this day of 2000. Mike Gordon, Mayor ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing Ordinance No was duty introduced by said City Council at a regular meeting held on the day of 2000, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the day of 2000, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN NOT PARTICIPATING Cindy Mortesen, City Clerk APPROVED AS TO FORM G ark D.ey ORDINANCE NO UTILITY USERS TAX n PAGE NO 9 AGREEMENT TO PROVIDE AUDITING, GEOCODING, AND ASSOCIATED CONSULTING SERVICES FOR UTILITY USERS TAX/FRANCHISE COMPLIANCE AND REVENUE PROTECTION PROGRAM FOR THE CITY OF EL SEGUNDO August IS, 2000 by MIA MuniServfces Company I40 UTILITY USERS TAVFRANCMSE COMPLIANCE AND REVENUE PROTECTION PROGRAM This AGREEMENT is made at El Segundo, California, as of August 15, 2000, by and between the Cit) of El Segundo, a municipal corporation (hereinafter referred to as "CITY ") and MBIA MuniServices Company/Municipal Resource Consultants (hereinafter referred to as "MMC ") MMC agrees to provide CITY with certain professional services in furtherance of a comprehensive utility users tax/franchise compliance and revenue protection program (hereinafter "PROGRAM "), with broad participation by California public agencies, that is designed to preserve, protect, and enhance their utility users tax (UUT) and utility franchise revenues 1. PROGRAM OBJECTIVES MMC's auditing, geocodmg, information, and associated services and skills, in conjunction w ith the legal and "protective" services of the CITY's outside counsel, Donald H Maynor, A Professional Law Corporation (LAW FIRM), will be used to establish and implement a PROGRAM that will allow participating California public agencies to preserve, protect and enhance their UUT and utility franchise revenues through a combination of auditing, geocoding, tax application compliance, business detection, ordinance update, legislative monitonng, technology update, and other essential compliance and protective services An effective compliance PROGRAM will assist the CITY, and other participating public agencies in identifying and correcting errorsiomissions causing revenue deficiencies, and therebi produce new or previously unrealized revenue for such participants The PROGRAM's tax preservation services will protect the CITY's existing UUT revenues from erosion due to new legislation, new technologies, outdated ordinance language and inaccurate information By offering these essential services through a comprehensive PROGRAM, with widespread participation, there are the additional benefits of i) achieving lower individual costs for such joint activities, and, n) developing consensus -based decisions regarding ordinance interpretations and ta\ implementation that utility industries require of California public agencies 2. ROLE Or CLIENT MMCUTIVE COMMITTEE A Client Executive Committee (CEC) has been formed, and is made up of client public agency representatives, to review and approve the PROGRAM's proposed work plan, and provide general PROGRAM oversight The CEC will also function to develop consensus positions on tax application issues, and other matters requiring umformity among California public agencies with UUT ordinances. MMC will provide quarterly progress reports to the CEC and to the CITY to establish the PROGRAM's continuing value to the CITY 3. FIXED FEE SERVICES A. Compliance Review Services At any time during the term of this AGREEMENT, with the prior written consent of the CEC, or with the prior written consent of the City where specifically indicated, MMC may perform compliance review activity on behalf of the CITY in an% of the following areas 1 UUT Tax Annitcatton and Franchise Fee Review In accordance with a work plan that has been reviewed and approved by the CEC, MMC will perform compliance reviews of mayor utility providers, with a focus on common client issues, to assure that the = is being properly applied to taxable services and charges, and that the franchise fee formula is being properly applied to the revenue base (as provided in standard franchise agreements) MMC will use the legal expertise of LAS' FIRM on matters requiring legal analysts or an interpretation of ordinances, standard utility franchises, laws, and IRS letter rulings, which will be coordinated with the City Attorney 2 Telecom Special Access Customers At the option of CITY, MMC will assist CITY in identifying sophisticated telecommunication users that may be employing new telecommunication technologies that involve taxable telecommunication services to assure tax compliance. 3 Geocode Information and Review- MMC will develop and maintain a proprietary address range database to assure accurate address range information regarding the CITY's boundaries Such databases will reflect the latest available LAFCO mfor ianon regarding CITY boundary changes due to annexations or other municipal reorganizations Upon request, tins service will be made available to am utility service provider that serves customers within the CITY 4 UUT Exemption Review MMC will review for accuracy the gas, electric, and water exemption lists and telecommunication exemption certificates for non- residential customers, as provided by the CITY, and identify to CITY staff possible errors MMC will use the legal expertise of LAW FIRM on matters requiring legal analysis or an interpretation of ordinances, laws, and IRS letter rulings, which will be coordinated with the City Attorney 5 UUT Business Detection MMC will perform penodic compliance reviews of major utility providers and utilize other detection tools to verify whether such companies are doing business within the CITY, and then identify such possible non - complying companies to CITY staff for enforcement actions MMC will assist CITY in developing compliance correspondence and enforcement procedures 6 UUT Payment Calculations and Deviations If the CITY provides MMC with regular and accurate UUT payment history (i.e., copies of all UUT remittances), MMC will identify to CITY staff possible gaps in payments, calculation mistakes, and other payment errors MMC will assist CITY in 14 4 1 0 Aevelopmg compliance correspondence and enforcement procedures On request, MMC will provide the CITY, on a semi- annual basis, with a spreadsheet reflecting the CITY's UUT payments (based on remittance data provided by the CITY to MMC). B. Revenue Protection Services MMC will work cooperatively with LAW FIRM in providing the following revenue protection services designed to protect the CITY's existing and future UUT and utility franchise revenues I Statutory Compliance and Consulting Services a Publication of Ordinance Requirements Maintain an accurate copy of CITY's UUT ordinance and its administrative rules and interpretations on the MMC Website, and otherwise assist the CITY in complying with Public Utilities Code § 495 6 b Tax Compliance Forms Prepare model forms for exemption applications, UUT remittances, information requests, and other tax - compliance documents c Access to Information Assist the CITY staff in obtaining SB 278 lists, tax compliance information, exemption lists of utility service providers, and in determining the exempt status of utility customers pursuant to the exemption provisions of the CITY's UUT ordinance or federal excise tax la« relating to telecommunications 2 Ordinance Update and Legislative/Rezulatory Review Services a OrdinancelFranchise and Technology Update Periodically review and update the CITY's Utility Users Tax ordinance and standard utility franchise agreements, by offering recommendations to address issues that may anse because of deregulation, litigation, changes in laws or regulations, the unbundling of traditional utility services, or the introduction of new technologies to provide utility services. b State and Federal Legislation Monitor proposed state and federal legislation to identifj issues affecting the CITY's UUT or utility franchise revenues, and make appropriate recommendations, with the prior approval of the CEC, to the CITY, the League of California Cities, the National League of Cities and other lobbyists of California public agencies c Regulatory Agencies Monitor proceedings at the various regulatory proceedings (e.g, California Public Utilities Commission, California Energy Commission Federal Commerce Commission, Federal Energy Regulatory Commission) that affect the deregulation of the various utilities that are to be reviewed under this AGREEMENT and make appropriate recommendations to CITY and the CEC d Information Services To accomplish the monitoring and review services in Section 4(B) above, the PROGRAM will provide CITY 143 4 _ with periodic newsletters, special communications, and legislative bulletins MMC ma} also provide instruction to CITY staff through workshops and seminars on such subjects as industry deregulation, new technologies, complying with new utility- related legislation, and other timely subjects C. MMC Does Not Provide Legal Services It is agreed and understood MMC will provide no legal services that may be required under any of the PROGRAM activities described in this Agreement, but rather LAW FIRM will provide such legal services by separate agreement with CITY It is also acknowledged that in providing such legal services, LAW FIRM's client will be CITY, and not MMC 4. CITY- SPECIFIC AUDITS WITH PERFORMANCE -BASED FEE A. Scope of CITY - Specific Audits At any time during the term of this AGREEMENT, with the prior written consent of the CITY, MMC may perform a CITY - specific audit of a utility franchise or UUT pavments from a specific utility, when the audit intends to focus on CITY - specific issues See Section 6(C) below regarding compensation for CITY - specific audits B. MMC's Responsibilities for CITY - Specific Activities 1 Work Plan Approval for CITY - specific Activities MMC will submit to the CITY staff a proposed Work Plan for review and approval that will serve as the basis for CITY - specific compliance activities (e.g., CATV UUT or franchise review, gas or electric franchise review, or payment deviation from a specific utility) 2 CITY Anoroval of Discoven Actions For City- specific activities, MMC will receive prior authorization from the CITY staff to obtain and examine utility and customer records (hard copy and data format) necessary to assure compliance with the CITY's UUT ordinance through the use of administrative subpoenas, nondisclosure agreements, and other procedures required by the utility service provider as a condition of providing access to confidential customer information 3 MMC to Comply with Local Laws In performing the compliance review services described in this subsection, MMC agrees to abide by the provisions of the CITY's UUT ordinance, any admrmstrative rules the CITY may adopt relating to such ordinance, and the confidentiality requirements of state law (Revenue and Taxation Code Section 7284.6 -.7) Throughout the above process, MMC shall be axatlable to meet with the CITY, utility service providers, or their customers to review any MMC findings or recommendations ansing out of its compliance review activities for the CITY 5 144 S. CITY's RESPONSIBILITIES To facilitate and maximize the effectiveness of the above compliance review activities, CITY shall diligently assist N MC by performing the following A. Necessary Information CITY will provide MMC, on a timely basis, with information necessary to conduct its compliance review activities including but not hilted to monthly = payment histories, exemption lists, and SB 278 gas and electric lists (including names of customers refusing to pay surcharges) and certified copies of the UUT ordinance and any subsequent amendments. B. Letter of Authorization CITY will provide a letter of authorization identifying MMC as an authorized agent of the CITY to perform utility users tax compliance audits, to receive and examine appropriate utility and customer records (hard copy and data format) necessary to assure UUT tax compliance, and to execute necessary nondisclosure agreements approved by CITY C. Legal Interpretations of Ordinance. Upon request, CITY will provide MMC with appropriate legal and administrative interpretations of its UUT ordinance It is agreed and understood that CITY will retain the exclusive authority and responsibility to administer, interpret, and enforce its UUT ordinance, recognizing that the role of MMC and LAW FIRM is limited to employing their unique expertise and proprietary tools for 1) detecting and Identifying errors /omissions by utility service providers or utility users in the application, calculation, collection. and/or remittal of UUT, and, ti) providing CITY with technical assistance, without assuming or being delegated the authority or responsibility of CITY to administer. interpret, and enforce Its UUT ordinance and standard utility franchise agreements 6. COMPENSATION /TERM A. Annual Fixed Fee 1 Total Annual Fixed Fee The CITY's total annual fixed fee for participating in the PROGRAM shall be the greater of i) one -half percent (0.5 %) of the total UUT revenues received by the CITY (excluding UUT revenues derived from AES, municipal water, and PSAF) based on the prior fiscal year, or li) ten thousand dollars ($10,000). 2 Allocation of Annual Fixed Fee Said annual fixed fee payment shall be allocated, and paid separately, to LAW FIRM and MMC as follows: i) to LAW FIRM, the greater of one - eighth of one percent (0.125 %) of the total UUT revenues or five thousand dollars ($5,000), as reflected in a separate attorney /client agreement with the CITY, and u) to MMC, one -half of one percent (0 5 %) of the total UUT revenues less the amount allocated and paid separately to LAW FIRM At any time, LAW FIRM and MMC may, by mutual agreement, adjust their proportional share of said total annual fixed fee, provided that such parties shall provide prior written notice of such adjustment to the CITY e 145 3 9uMerly Payments of Fixed Fee Said annual fixed fee shall be paid in four equal quarterly payments with due dates of March 31, June 30, September 30. and December 31 These quarterly payments are nonrefundable The first quarterly payment shall be due on the next quarterly due date following the effective date of this Agreement For purposes of compensation under this Section 6(A), the effective date of this Agreement shall be deemed to be July 1, 2000 B Compensation for Work Performed Prior to December 31, 1999 1 Non -CATV Audit Work Performed Prior to December 31. 1999 In addition to the annual fixed fee described to Section 6(A) above, MMC shall be entitled to performance -based compensation for "additional revenues" that the CITY receives for reporting penods prior to and through December 31, 1999 as a result of the utility users tax program of MMC, or its predecessor Municipal Resource Consultants (hereinafter referred to as "MRC ") Accordingly, CITY shall pay MMC twenty-five percent (25 %) of the additional revenues, including interest and penalties, that MMC is able to reasonably substantiate has resulted from its CITY - specific compliance review activities Said 25% applies to the additional revenues received by the CITY for the first twelve quarters following the correction of the error /onussion In addition, MMC may seek to recover all revenue due the CITY from prior penods, if any. In that case, MMC will also receive 25% of any retroactive recoi ery Any "additional revenues" that the CITY receives for reporting penods after January 1, 2000, as a result of a ork performed by MMC/MRC prior to that date (other than CITY - specific CATV audit work) shall not be subject to the performance -based compensation of this or any prior agreements MMC/MRC hereby specifically waives any right to such compensation for reporting penods after January 1, 2000 as consideration for the CITY entering into this AGREEMENT for a minimum of twenty-four (24) months C. Performauce -Based Compensation for City - Speck Audit Services 1 With respect to a CITY - specific audit of a utility franchise, including a CATV UUT /francluse audit referred to in Section 4(A) above, MMC shall be entitled to additional compensation in the eN ent that MMC's compliance review activities result in the CITY receiving additional revenues from such CITY - specific audit activity Accordingly, the CITY shall pay MMC twenty-five percent (25 %) of the additional revenues, including interest and penalties, that MMC is able to reasonably substantiate has resulted from its CITY - specific compliance review activities Said 25% applies to the additional revenue received by the CITY for the first twelve quarters following the correction of the error /omission In addition, MMC may seek to recover all revenue due the CITY from prior penods, if any, In that case, MMC will also receive 25% of any retroactive recovery 2 Notwithstanding subsection (1) above, nothing herein shall prohibit the parties from entering into a written agreement on compensation for CITY - specific audit services on a fixed fee or any other separately negotiated basis. ' ]4f• 3 In the event that any legal services from LAW FIRM are required in connection with a CITY - specific audit, the cost of such services to the CITY shall be paid by MMC, and MMC shall disclose to the CITY the financial arrangement between MMC and LAW FIRM regarding the payment of such costs D. CITY's Obligations Regarding the CITY - specific compliance review activities of MMC in Sections 4 and 6(C) above, the CITY agrees to I Invoice the responsible part) for tax deficiencies (plus interest and penalties if applicable) identified and confirmed by MMC within thirty (30) days following receipt of MMC's detection report or correspondence, 2 Provide MMC with a copy of any settlement agreement with a taxpayer /tax collector within ten (10) days of entering into such agreement, and, 3 Notify MMC within thirty (30) days following receipt by the CITY of payments (cash, installment, or other compensation directly benefiting the CITY) of such tax deficiencies. whether invoiced or not Upon receipt of such - notice, MMC will promptly in,. oice the CITY MMC's compensation is due and payable within forty -five (45) days of the CITY's receipt of MMC's invoice E. MMC Expenses MMC shall absorb all expenses incurred by MMC m providing its services as described herein These expenses include items such as employee salaries and benefits, insurance, airfare, auto rentals, meals, lodging, Federal Express, mail, telephone, copying, directories, on -line resources, and other overhead and miscellaneous expenses 7 TERMINATION OF AGREEMENT A Either the CITY or MMC may terminate this AGREEMENT, by thirty (30) days prior written notice as provided in this Section, provided, however, if CITY terminates this AGREEMENT at any time within twelve (12) months following the effective date of this AGREEMENT, CITY shall nevertheless pay MMC four (4) quarterly payments from the commencement of the AGREEMENT to compensate MMC for its waiver of fees for past services rendered and additional revenues received by CITY, as described in the second paragraph of 6(B)(1) B Upon termination of the AGREEMENT as provided herein, MMC shall be entitled to retain any fees it may have received from the CITY pursuant to Section 6(A) of this AGREEMENT In addition, MMC shall be entitled to payment according to the tenets of Section 6(B) and (C) for all additional revenues, including interest and penalties, that MMC is able to reasonably substantiate resulted from its compliance review activities pursuant to Section 6(B) and (C) during the term of the AGREEMENT Within thirty (30) days following termination, MMC shall provide CITY with a list of detections of non - compliance resulting from the compliance review activities of MMC CITY shall, in good faith, diligently seek to i) correct such detections of non - compliance made by MMC pnor to the date of termination, and, u) collect the additional revenues that are due the CITY and MMC for past 8 - 1 4% penodsz and for the 12 quartets going forward following the correction, even though the date of actual correction may occur after the termination date. MMC shall assist the CITY in this correctionJcollection effort, if so requested by the CITY 8. OTHER GENERAL PROVISIONS In addition to the above provisions, the parties also agree to be bound by the general provisions as set forth in Attachment "A" of this AGREEMENT, which are by this reference incorporated herein In the event of disagreement between the specific provisions of this AGREEMENT and the general provisions, the specific provisions of thts AGREEMENT shall .prevail EXECUTED as of the day and year first above stated CITY OF EL SEGUNDO Bj' _ Title Date MBIA MuniServices Company/Municipal Resource Consultants MM Title Date ATTEST: City Clerk, City of E1 Segundo APPROVED AS TO FORM: 148 � iitl Attor ey7Z?tw' of 1 Segundo 9 ATTACHMENT "A" GENERAL PROVISIONS 1 Independent Contractor At all times during the term of this Contract, MMC shall be an Independent Contractor and shall not be an employee of CITY CITY shall not have the right to control the means by which MMC accomplishes services rendered pursuant to this Agreement 2 Liabrhn CITY shall not be called upon to assume anv liability for direct payment of any salaries wages or other compensation to any of MMC's personnel or subcontractors performing services hereunder for CITY or any habdm other than provided for in this Agreement CM shall not be liable for compensation or indetruuw to any MMC employee or subcontractor for injury or sickness arising out of his/her employment or for any negligent actions of MMC or its employees All persons employed in the performance of such services and funcnons shall be employees of MMC, and as such shall not for any purposes be considered employees of CITY and therefore shall have no right to any CITY benefits. civil service, or other CITY employment status Insurance A Public Liability During the term of this Agreement. MMC shall maintain to full force and effect a policy of public liability insurance with rmmmum coverages as follows $1,000,000 for injury to one person many one occurrence and $1,000,000 in the aggregate, and 550,000.00 for property damage MMC shall cause the CfrY, its officials and employees to be named as insureds on all habiltty polictes described above with respect to (1) activities performed for the CITY by or on behalf of the named insured, (2) products and completed operations of the named insured, and (3) premises owned, leased or used by the named insured. B workers Cornoensmon During the tent of this Agreement MMC shall fully comply with the terms of the law of CRY concerning worker's compensation Said compliance shall include, but not be limited to, maintaining in full force and effect one or more policies of insurance insuring against any liability MMC may have for workers compensation. 4 MMC Not Agent Except as CITY may specify in vntme MMC shall have no authority, express or implied. to act on behalf of CITY in any capacity whatsoever as an agent MMC shall have no authority, express or implied, pursuant to this Agreement to bind CITY to any obheacon whatsoever Assisnment Prohibited No party to this Agreement mar assign any right or obligation pursuant to this Agreement An anempt of purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect 6 —Nondiscrimination. MMC shall not discriminate, in any w ay, against any person on the basis of race, sex, color, religion, sexual orientation, disability, ethiucity, or national ongut in connection with or related to the performance of this Agreement i Reports, Charts or Other Products All reports, charts and other products produced by MMC and delivered to the CITY are the property of the CITY S CITY Representative The City Manager or his/her designee is the representative of the CITY and will administer this Agreement for the CITY 9 Indemnity and Hold Hamiless MMC shall mdenmmfy and hold harmless the CITY, its officers, employees, and agents from and against all actions, damages, clams or losses, which are in the nature of personal injury, physical proper damage, or intentional torts, and which allegedly arise out of or are caused by MMC's negligent or intentional conduct in the performance of MMC's work under this Agreement 10 µ aiver of Breach No waiver of the breach of any of the covenants, agreements, restrictions or conditions of this Agreement by any parry hereto shall be construed to be a w giver of any succeeding breach of the same or other covenants agreements, restrictions or conditions of this A;_reement No delay or ormssion of any parry hereto in exercising any right power or remedy hetem provided in the event of default shall be construed as a waiver thereof, or acquiescence therein, nor shall the acceptance of any payments made in a manner or at a tune other than as hereto prop ided be construed as a waiver of or variation in any of the terns of this Agreement 10 149 11 Interest Unless CITY requests in writing additional mforination regarding the billing or otherwise disagrees with the bmlhng CITY shall pay MMC within thirty (30) days of receipt of MMC's btllmg, or from the date of agreement on the billing in the event of a written request Any payment received after such time period shall accrue monthly interest of three - quarters percent ( % %) 12 Whole and Entire Aim emrnt This AGREEMENT and any attachments hereto contains the whole and entire agreement of the parties hereto and correctly sets forth the nghts, duties and obhganons of each to the others as of its date with regard to the provision of utrhry users tax sen ices described herein This AGREEMENT, and an) attachments hereto shall supersede any and all prior agreements entered into by the parties relating to the provision of utility users tax compliance services by MMC or its predecessor Municipal Resource Consultants (MRC) 13 Legal Lnteroretati ons For purposes of this Agreement the City Attorney's opinion contenting the interpretation of local ordinances and the legal rights, dunes and obligations of the CITY regarding collection of taxes under State and local law shall be controlling 14 CITY s Deterunanon Final Whenever the Crry Council or a CITY Officer is empowered under State or local ordinance to make a determination as to whether or not a ta% assessed against a taxpayer is due, for purposes of this Agreement that determination shall be final and binding on the parties hereto 15 Confidentiality MMC agrees that it shall keep all information it receives concerning CM taxpayers confidential and shall use it solely for tax compliance purposes Services performed by MMC prior to termination may result in CITY's receipt of revenue after termination This receipt of revenue entitles MMC to payment from CITY even after expiration of contract or termination CITY agrees to provsde to MMC after expiration or rerunation of this Agreement such confidential payment information as is necessary to enable MMC to calculate the compensation due to MMC as a result of said receipt of revenue and MMC shall maintain the confidentiality of this information Therefore, MNIC shall be deemed a contractor under Revenue and Taxation Code Section 7284 6 - 7 after expiration of contract or receipt of nonce of termination from the CITY for the sole and hrruted purpose of enabling MMC to hat a access to said information to calculate compensation 16 \onces Any notice to be given from one patty to the odrei pursuant to this Agreement shall be deposited with the L rated States Postal Service postage prepaid and addressed as follows To CITY FINI A \CE DIRECTOR CITY OF EL SEGUNDO 350 Main Street El Segundo, CA 90245 To MMC Grant Brunhall MBIA %luntServices Company 32107 R Lmdero Canyon Road Suite 233 R estlake Village, CA 91361 \othine in this Paragraph shall be construed to prevent the an ing of nonce by personal service 11 150 LEGAL SERVICES AGREEMENT 1 IDENTIFICATION OF PARTIES Tlus agreement, executed in duplicate with each party receiving an executed original, is made between Donald H. Maynor, A Professional Corporation, hereafter referred to as "LAW FIRM" with a business address of 235 Catalpa Drive, Atherton, CA 94027, and the City of El Segundo, hereafter referred to as "CITY", with a business address of City of El Segundo, 350 Main Street, El Segundo, CA 90245 This agreement is required by Business and Professions Code Section 6148 and is intended to fulfill the requirements of that section 2 LEGAL SERVICES TO BE PROVIDED The legal services (and other related services requiting legal expertise) to be provided b\ LAW FIRM to CITY are as follows Tlus agreement is intended primarily to ensure the availability of LAW FIRM to perform "Revenue Protection Services" to the CITY (as described in Section 3(B) of Attachment "A "), and to assist CITY and CITY's consultant (MMC) in connection with legal issues that anse in the audit and compliance activities performed by MMC, all of which are described in the CITY's agreement with MMCMRC entitled "Utility Users Tax/Franchise Compliance and Revenue Protection Program." dated , 2000, and hereafter referred to as the "MMC Agreement ", a copy of which is attached hereto as Attachment "A" 3 LEGAL SERVICES SPECIFICALLY EXCLUDED Legal services that are not to be provided b� LAW FIRM under this agreement specifically include, but are not limited to, the following Consultations beyond those legal, tai, preservation and protective services described in Paragraph 2 of this agreement (and as more specifically described in Section 3(B) of the MMC 4greement), and any activity related to litigation If CITY wishes that LAW FIRM provide any legal services not to be provided under this agreement, a separate written agreement between LAW FIRM and CITY will be required 4 RESPONSIBILITIES OF LAW FIRM AND CITY LAW FIRM will perform the legal, tax preservation and protective services called for under this agreement and respond promptly to CITY's inquiries and communications CITY will be truthful and cooperative with LAVA' FIRM and timely make any payments required by this agreement 5 ATTORNEY CLIENT RELATIONSHIP WITH CITY ONLY. It is acknowledged that LAW FIRM will work cooperatively with CITY's consultant, MMC, in the providing of services set forth in the MMC Agreement, to the benefit of CITY. It is also understood that CITY, not MMC, is the client of LAW FIRM, and that LAW FIRM provides no legal services directly to MMC that would establish an attomeyiclient relationship between LAW FIRM and MMC 6 ATTORNEY'S FEES As described in Section 6(A) of the MMC Agreement, the CITY's total annual fixed fee shall be the greater of i) one -half percent (0.5 %) of the total UUT revenues received by the CITY (excluding UL'T rep enues derived from CATV and PSFA) based on the prior fiscal year, or ii) ten thousand dollars (S 10,000) CITY shall pay to LAW FIRM a 151 proportional share of said total annual fixed fee, provided that such parties shall provide prior written notice of such adjustment to the CITY Said annual fixed fee shall be paid in four equal quarterly payments with due dates of March 31, June 30, September 30. and December 31 These quarterly payments are nonrefundable The first quarterly payment shall be due on the next quarterly due date following the effective date of this Agreement For purposes of compensation under this Section 6, the effective date of this Agreement shall be deemed to be July 1, 2000 In the event that any legal services from LAW FIRM are required in connection with a CIT) - specific audit, the cost of such services to the CITY shall be paid by MMC, and MMC shall disclose to the CITY the financial arrangement between MMC and LAW FIRM regarding the payment of such costs MINIMUM TERM/TERMINATION Either LAW FIRM or CITY may terminate this AGREEMENT, by providing thirty (30) days prior wntten notice to the addresses in Paragraph I of this agreement, provided, however, if CITY terminates this agreement at any time within twelve (12) months following the effective date of this agreement, CITY shall nevertheless pay LAW FIRM four (4) quarterly payments from the commencement of the agreement to compensate LAW FIRM for its waiver of fees for past services rendered S DISCLAIMER OF GUARANTEE Nothing in this agreement and nothing in LAW FIRM's statements to CITY will be construed as a promise or guarantee about the outcome of CITY's matter Attorney makes no such promises or guarantees LAW FIRM's comments about the outcome of any matter are expressions of opinion only EXECUTED as of the day and year first above stated CITY OF EL SEGUNDO By Title Date Donald H Maynor, a Professional Law Corporation B� Title Date ATTEST Can Clerk APPROVED AS TO FORM ity Attorney 152