The URL can be used to link to this page

2002 SEP 03 CC PACKETAGENDA 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 City Council and /or 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 time limit for comments is five (5) minutes per person Before speaking to the City Council, please come to the podium and state Your name and residence and the organization 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 m 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 five (5) minutes in length In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, SEPTEMBER 3, 2002 — 5:00 P M. Next Resolution # 4269 Next Ordinance # 1349 5:00 P.M. 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 Section §54960, et sue) 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 Government Code Section §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)) Southern California Edison v State of California, Department of Transportation, LASC YC043605 2 City of El Segundo v Stardust West, LASC YC031364 3 Wylie v City of El Segundo, WCAB, MON0288348 0 1 4 Petition for Review of Los Angeles Regional Water Quality Control Board Permit No CAS004001, Order No 01 -182, December 13, 2Q01, SWRCB /OCC File No A-1 448(a)-(f) 5 Petition to Intervene in NRDC, et al , v California Department of Transportation, et al , USDC, CD, CA, Case No 93- 6073 -ER (JRX) CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956 9(b) -3- potential cases (no further public statement is required at this time), Initiation of litigation pursuant to Government Code §54956 9(c) -2- matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957 6) — None SPECIAL MATTERS — None 2 d 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 City Council and /or 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 time limit for comments is five (5) minutes per person Before speaking to the City Council, please come to the podium and state Your name and residence and the organization 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 m 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 five (5) minutes in length In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, SEPTEMBER 3, 2002 — 7:00 P.M. Next Resolution # 4269 Next Ordinance # 1349 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Father David Bowser of St Michael the Archangel Episcopal Church PLEDGE OF ALLEGIANCE AND FLAG CEREMONY — Boy Scout Troops 267, 762, 773 and Cub Scout Packs 968C and 773C PRESENTATIONS — (a) Proclamation in support of the life - saving work of the American Heart Association and proclaiming Saturday, September 21, 2002 as the 2002 American Heart Walk Los Angeles — South to be held at Mattel Corporate grounds on Continental and Grand Avenues, EI Segundo (b) Commendation to the El Segundo Babe Ruth 13 -15 Year Old 2002 World Series Champion Baseball Team (c) Commendation to the El Segundo Babe Ruth 13 Year Old 2002 State Champion Baseball Team ROLL CALL 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 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 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 (a) Request by the American Heart Association for City support and approval to close certain streets during the American Heart 5K Walk, Saturday, September 21, 2002 (See Consent Item No 7) A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only Recommendation — Approval B. SPECIAL ORDERS OF BUSINESS 1. Consideration and possible action (Public Hearing) regarding a Resolution re- affirming the policy related to the Fire Department Inspection Program and to adopt a modified inspection /permit fee schedule. Adoption of the proposed amended fee schedule will result in an added program cost recovery of approximately $135,000.00. Recommendation — (1) Open Public Hearing, (2) Discussion, (3) Read Resolution by title only, (4) Adopt Resolution, (5) Alternatively, discuss and take other action related to this item 4 0 4 Consideration and possible action (Public Hearing) regarding a Resolution adopting new fee schedule for recovering costs incurred from implementing National Pollution Discharge Elimination System ( NPDES) regulations. Recommendation — (1) A presentation by City Attorney's office regarding NPDES regulations, (2) Open Public Hearing, (3) Discussion, (4) Read Resolution by title only, (5) Adopt Resolution, (6) Alternatively, discuss and take other action related to this item. 3. Consideration and possible action (Public Hearing) regarding the FY 2002 -2003 Preliminary Budget and Five -Year Capital Improvements Plan. Recommendation — (1) Open Public Hearing, (2) Close or continue the Public Hearing to September 17, 2002, (3) Schedule budget for adoption at the September 17, 2002 meeting, (4) Alternatively, discuss and take other action related to this item C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 4. Consideration and possible action regarding the setting of a date and time for interviewing candidates to the various Committees, Commissions and Boards (CCBs). Recommendation — (1) Set date for interviews of candidates to the Planning Commission, LAXMAC, and the CIPAC, for 6 00 p m , Tuesday, September 17, 2002, (2) Alternatively, discuss and take other action related to this item E. CONSENT AGENDA 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. Warrant Numbers 2527644 to 2527967 on Register No. 22 in the total amount of $934,370.25 and Wire Transfers from 08/10/2002 through 0812312002 in the total amount of $1,050,479.93. Recommendation — Approve Warrant Demand Register and authorize staff to release. Ratify Payroll and Employee Benefit checks, checks released early due to contracts or agreement, emergency disbursements and /or adjustments, and wire transfers 6. Special Budget Meeting Minutes of August 20, 2002 and City Council Meeting Minutes of August 20, 2002. Recommendation — Approval 7. Consideration and possible action regarding a request by the American Heart Association for City support and approval to close certain streets during the American Heart 5K Walk, Saturday, September 21, 2002. Recommendation — (1) Approve request, (2) Alternatively, discuss and take other action related to this item 8. Consideration and possible action regarding a request by the El Segundo Police Officers and Firefighters Associations for City support and approval to close Main Street between Grand Avenue and Holly Avenue during the Pancake Breakfast in honor of the victims of 9/11, Saturday, September 14, 2002. Recommendation — (1) Approve request, (2) Alternatively, discuss and take other action related to this item 9. Consideration and possible action regarding the annual renewal of the Library Department's blanket purchase orders and to encumber funds for four vendors: Baker & Taylor Information Services, OCLC Inc., Ebsco Subscription Services, and Innovative Interfaces, Inc. (Fiscal Impact: $129,400.00). Recommendation — (1) Authorize blanket purchase orders to Baker & Taylor Information Services, OCLC Inc., Ebsco Subscription Services, and Innovative Interfaces for FY 2002 -2003 for supplying library materials online cataloging services, and system maintenance, (2) Alternatively, discuss and take other action related to this item 10. Consideration and possible action regarding extending the professional services contract for auditing services with Lance, Soil & Lunghard for two years through 2002 -2003 (Fiscal Impact: 2001 -2002 $28,550; 2002 -2003 $29,350; and a one -time fee for GASB 34 implementation of $3,000 = $60,900). Recommendation — (1) Authorize Mayor to approve a two -year extension of professional services for auditing services with Lance, Soil & Lunghard through 2002 -2003 for $60,900, (2) Alternatively, discuss and take other action related to this item 6 G 11. Consideration and possible action regarding a proposed revision to the class specification of the job classification of Wastewater Supervisor. Recommendation — (1) Approve the proposed revision to the class specification, (2) Alternatively, discuss and take other action related to this item 12. Consideration and possible action regarding an agreement extension with Ron Rakich and Associates for completion of risk management services. Recommendation — (1) Authorize City Manager to execute Amendment No 1 to extend current professional agreement with Ron Rakich and Associates through December 31, 2002, (2) Carry over remaining FY 2001 -2002 funding, (3) Alternatively, discuss and take other action related to this item 13. Consideration and possible action regarding the issuance of a Request for Proposal (RFP) to obtain an update of the El Segundo Fiscal Impact Model (ESFIAM); a subsequent analysis of the fiscal impact of private development on Area A of the Los Angeles Air Force Base using the updated ESFIAM; and authorization to secure the services of bond counsel. Recommendation — (1) Authorize staff to issue a Request for Proposal (RFP), (2) Authorize staff to secure services of bond counsel, (3) Alternatively, discuss and take other action related to this item 14. Consideration and possible action regarding the distribution of a Request for Proposal (RFP) to update the City of El Segundo's Circulation Element of the General Plan and prepare an Environmental Impact Report. Recommendation — (1) Provide comments and /or direct staff to distribute an RFP for the Circulation Element update process, or; (2) Provide direction to staff on a different scope of work for the Circulation Element update process, (3) Alternatively, discuss and take other action related to this item, 15. Consideration and possible action regarding approval of a Resolution of the City Council of the City of El Segundo amending Resolution No. 4257 to provide for street sweeping on Grand Avenue (between Main Street and Richmond Street). Recommendation — (1) Adoption of Resolution, (2) Authorize the Mayor to sign the Resolution, (3) Alternatively, discuss and take other action related to this item 7 0 7 16. Consideration and possible action to authorize an advance payment of $35,000 to Southern California Edison Company (SCE) for the design and relocation of SCE facilities in conjunction with the Douglas Street Gap Closure Project. Approved Capital Improvement Program (Estimated Cost $35,000). Recommendation — (1) Authorize staff to make a payment of $35,000 to SCE; (2) Alternatively, discuss and take other action related to this item 17. Consideration and possible action for award of contract to FS Construction for removal and storage of Heritage Stones as part of the Downtown Specific Plan Implementation. Approved Capital Improvement Program — Project No. PW 02 -17 (Contract Amount = $38,808.00). Recommendation — (1) Award contract to the lowest responsible bidder, FS Construction, (2) Authorize the City Manager to execute the contract on behalf of the City, (3) Alternatively, discuss and take other action related to this item 18. Consideration and possible action regarding approval of a contract with Motorola for $45,491.88 for the purchase of a radio workstation and software upgrades to the existing radio workstations in the Police Department's Public Safety Communications Center. Recommendation — (1) Waive the formal bidding process per the Municipal Code, (2) Approve and authorize the Mayor to execute a contract between the City and Motorola for the purchase of a radio workstation and software upgrades to the existing workstation in the Police Department's Public Safety Communications Center, (3) Alternatively, discuss and take other action related to this item CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS — 19. Consideration and possible action on the awarding of RFP No. 02 -14 (Police Towing and Storage Services) to the most responsive bidder as the City's primary towing contractor, and authorize the City Council to execute the four -year agreement with three one -year term extensions, for a maximum total contract length of seven years. Recommendation — (1) Award a four -year contract to Manhattan Beach Towing as the City's primary towing contractor, (2) Authorize the City Manager to exercise the three (3) One -year options if in the City's best interest, (3) Alternatively, discuss and take other action related to this item 8 I� G. REPORTS — CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY — NONE REPORTS — CITY CLERK J. REPORTS — CITY TREASURER — NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member McDowell — Council Member Gaines — 20. Consideration and possible action regarding a request for City support and approval to hold a Parade to welcome the El Segundo Babe Ruth 13 -15 Year Old 2002 World Series Champion Baseball Team and El Segundo Babe Ruth 13 Year Old 2002 State Champion Baseball Team. Recommendation — (1) Approve request, (2) Alternatively, discuss and take other action related to this item Council Member Wermck- Mayor Pro Tern Jacobs — Mayor Gordon — 21. Consideration and possible action regarding a request for a lease renewal by the Scout House Association. Recommendation — (1) Discuss the Scout House Associations' request, (2) Alternatively, discuss and take other action related to this item 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 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 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 0 9 MEMORIALS - CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, Including the Brown Act (Government Code Section §54960, et seg) 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 Government Code Section §54957 (Personnel), and /or conferrng with the City's Labor Negotiators REPORT OF ACTION TAKEN IN CLOSED SESSION (If required) ADJOURNMENT POSTED Q DATE V �f tA� TIME NAME ILG� Lei -T 10 '110 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT n MEETING DATE: September S, 2002 AGENDA HEADING: Public Hearing — New Fees Consideration and possible action (Public Hearing) regarding a Resolution re- affirming the policy related to the Fire Department inspection program and to adopt a modified inspection /permit fee schedule. Adoption of the proposed amended fee schedule will result in an added program cost recovery of approximately $135,000.00. RECOMMENDED COUNCIL ACTION: 1 Open Public Hearing 2. Discussion 3 Read Resolution by title only. 4. Adopt Resolution 5 Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION' New requirements for underground storage tanks require testing of secondary containment for leaks and annual inspections at approximately 34 facilities. In addition, approximately 20 businesses specifically generate silver and universal waste or treat hazardous waste, requiring a tiered permit under State and Federal regulations. Proposed fees reflect projected costs for inspections, which are consistent with costs of similar tank inspections, regulation of silver and universal waste and hazardous waste treatment within agencies in Los Angeles County and similar agencies The fees for annual Fire inspections, permits and 5 year tests were reviewed and modified to encourage code compliance, reduce risk, and update the relationship between the program costs and fees to help recover program costs The modified fee schedule reflects reduced fees as well as few new fees. Administrative policy and procedures need to be periodically refined to provide flexibility in scheduling inspections, balancing workloads, and provide for uniformity. The resolution would enable the City Manager, or designee, to make routine operational adjustments to the program ATTACHED SUPPORTING DOCUMENTS: Draft Resolution No , including proposed fee schedule as Exhibit "A" FISCAL IMPACT. Operating Budget. Increase program recovery costs of approximately $135,000 00 Amount Requested: None Account Number: N/A Project Phase. N/A Appropriation Required' _Yes X No ORIGINATED BY. DATE: Norm Ainpelo. Fire Chief 01� RESOLUTION NO. A RESOLUTION ESTABLISHING A POLICY FOR IMPOSING INSPECTION FEES AND ADOPTING A NEW AND AMENDED FEE SCHEDULE FOR RECOVERING FIRE DEPARTMENT INSPECTION COSTS, IN ACCORDANCE WITH THE EL SEGUNDO MUNICIPAL CODE AND APPLICABLE LAW. BE IT RESOLVED by the Council of the City of El Segundo as follows SF('TTON i The City Council finds as follows: A The City is required to inspect properties within its jurisdiction to verify compliance with various laws and regulations including, without limitation, the El Segundo Municipal Code (`SSMC') B El Segundo Municipal Code §5 -5B -2 and §5 -5C -5 authorizes the City Council to amend fees for services C The City Council finds that it is advisable for the City Manager, or designee, to promulgate and implement administrative policies and procedures for inspection routines and scheduling in order to provide greater flexibility to obtain compliance and ensure uniformity in inspection procedures D Nothing in this Resolution is intended to, nor will it, alter the manner in which the City Council adopts inspection fees However, thus Resolution will give authority to the City Manager, or designee, to determine procedures for the collection of such inspection fees E Pursuant to Government Code § 66016, the City made data available regarding the cost, or estimated cost, of providing the fire inspection services ten days before the public hearing held on September 3, 2002 F On September 3, 2002, the City Council heard public testimony and considered evidence in a public hearing held and noticed in accordance with Government Code § 66016. G At the recommendation of the Fire Department, the City Council believes that it is in the public interest to establish consistent annual fire inspections and permit fees It also is in the public interest to recover the costs of conducting State - mandated inspections of underground tanks and hazardous wastes u1� �y. SFCTTON ? General Policy The City's general inspection policy is to ensure compliance with the ESMC by adopting procedures for regular inspections, providing incentives for voluntary compliance; allowing flexibility for obtaining compliance, and giving direction on when inspection fees are imposed SECTION 3 City Manager Authorization The City Manager, or designee, is authorized to adopt Administrative Policies and Procedures that implement the purpose of this Resolution SECTION 4 The Schedule of Fire Department Inspection Fees. Attached as Exhibit "A" and incorporated into this Resolution as if fully set forth is the approved and adopted schedule of Fire Department Inspection and Permit Fees SECTION 5 Exempt under the California Environmental Quality Act. This Resolution is exempt from review under the California Environmental Quality Act (Cal. Pub Res. Code §§ 21000, et seq , "CEQA ") and CEQA regulations (Cal Code Regs. Title 14, §§ 15000, et seq ) because it establishes, modifies, structures, restructures, and approves rates and charges for meeting operating expenses; purchasing supplies, equipment, and materials; meeting financial requirements, and obtaining funds for capital projects needed to maintain service within existing service areas This Resolution, therefore, is categorically exempt from further CEQA review under Cal Code Regs Title 14, § 15273 9F=ON 6 Resolution No. 4209 Superseded This Resolution supersedes Resolution No 4209 (adopted on March 20, 2001) Repeal of any provision of Resolution No 4209 will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Resolution's effective date Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Resolution SECTION 7 Repeal of Previous Policies. To the extent that any previous City policy and procedure differs from the intent of this Resolution including, without limitation, procedures purportedly established in conjunction with adopting Resolution No. 3881 (adopted July 5, 1994) and Resolution 4209 (adopted March 20, 2001), those policies and procedures are repealed SECTION R Effective Date of this Resolution. Pursuant to Government Code § 66017, this Resolution will become effective sixty (60) days after adoption and will remain in effect unless repealed or superseded SECTION 9 The City Clerk Certification The City Clerk will certify to the passage and adoption of this Resolution; will enter the same in the book of original Resolutions of said City, and will make a minute of the passage and adoption thereof in the record of proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted ii U 6" PASSED AND ADOPTED this ` day of 2002 ATTEST Cindy Mortesen, City Clerk APPROVED Mark D Hen By Karl H. Berge Assistant CIO Mike Gordon, Mayor ui EXHIBIT "A" _ INSPECTION TYPE NEW FEE SCHEDULE MODIFICATION ' Inspection *Category I - Annual ('15,000 sq ft and under) Initial inspection First Re- inspection Additional Re- inspections Fire Permits — Category I Type I Permit Type II Permit Fire Protection Testing — Category 1 5 year test Inspection Category 11— Annual (Over 15,000 sq It ) Initial Inspection First Re- inspection Additional Re- inspections Fire Permits — Category II Type I Permit Type II Permit Fire Protection Testing — Category II 5 Year Test High -Rise Inspections Hazardous Materials Inspection Range Range II Range III Range IV Range V Paramedic Transport (non- resident) ALS Transport BLS Transport Code 3 Mileage Oxygen $95 New "No Charge Decrease $22000 Decrease $9500 Increase $9500 Decrease $220.00 Increase $22000 Decrease "No Charge Decrease $1,06500 No Change $9500 Decrease $9500 Decrease $22000 Decrease $1 12 per 100 sq ft No Change $11200 No Change $25600 No Change $50600 No Change $1,17700 No Change $1.342.00 No Change RATES MODIFICATIO $475 00 per transport No Change $285 00 per transport No Change $77 00 per transport No Change $11 25 (per mile or fraction thereof) No Change $3825 (per tank, or fraction thereof) No Change ry 1 :s INSPECTION PE NEW FEE SCHEDULE MODIFICATION CHEMICAL ACCIDENT RELEASE PREVENTION PROGRAM (approx 30 hrs) No Change ANNUAL PERMIT FEE (approx 50 hrs) No Change 100 -1,000 pounds (approx 80 hrs) No Change 1 chemical $25000 No Change 2 chemicals $50000 No Change 3 or more chemicals $1,000.00 No Change 3 or more chemicals (approx 120 hrs) No Change 1,001 - 10,000 pounds 1 chemical $500.00 No Change 2 chemicals $1,000.00 No Change 3 or more chemicals $2,00000 No Change Exceeds 10,000 pounds 1 chemical $1,50000 No Change 2 chemicals $3,000.00 No Change 3 or more chemicals $6,000 00 No Change REVIEW OF RISK MANAGEMENT PLANS - CALARP (COST @ $58 1Hr ** *) 1 time review costs 100 -1,000 pounds 1 chemical (approx 30 hrs) No Change 2 chemicals (approx 50 hrs) No Change 3 or more chemicals (approx 80 hrs) No Change 1,001 •10,000 pounds 1 chemical (approx 80 hrs) No Change 2 chemicals (approx. 100 hrs) No Change 3 or more chemicals (approx 120 hrs) No Change Exceeds 10,000 pounds 1 chemical (approx 120 hrs) No Change 2 chemicals (approx. 200 hrs) No Change 3 or more chemicals (approx 400 hrs) No Change HAZARDOUS WASTE PERMIT FEES Silver /Universal Waste Only Generators (new fee) $10900 New 0 -5 employees (new fee) $381 00 Decrease Small (6 to 19 employees) $41200 No Change Intermediate (20 t0 100 employees) $56400 No Change Advanced (101 to 500 employees) $74000 No Change Complex (501 or more employees) $1,25700 No Change New Tiered Permitting (permit -by -rule) $1,01200 New New Tiered Permitting (conditional authorization) $74700 New New Tiered Permitting (conditionally exempt) $10900 New 01 t, LZ UNDERGROUND TANK FEE Operating Permit Application Fee (New /Renew) N/A Permit Application New (Off -site) N/A Annual Permit Maintenance $57000 (Fee combines operating permit and annual permit) $30 00 for each additional tank Operating Permit Transfer $85.00 New Construction Plan Clearance $725.00 Plan Review New Sewer (1) $275 00 for each additional tank Closure Application $72500 Plan Review New Sewer (3) $310 00 for each additional tank Complex Site Investigation (new fee) $1,200.00 Permit Addendum $85.00 Voluntary cleanup oversight $300.00 Plan Review New On -site (1) Fee /hour $75 00 Secondary Containment Testing Oversight (new fee) $460 00 base fee Plan Review New On -site (3) $220.00 for each additional tank INDUSTRIAL WASTE PERMIT Permit Application New (Sewer) $21900 Permit Application New (Off -site) $32300 Permit Application New (On -site) $342.00 Permit Application Revision (Sewer) $14300 Permit Application Revision (On -site) $20600 Permit Application Revision (Off -site) $195.00 Plan Review New Sewer (1) $33100 Plan Review New Sewer (2) S41400 Plan Review New Sewer (3) $51900 Plan Review New Sewer (4) $57200 Plan Review New Sewer (5) $83700 Plan Review New Sewer (6) $1,074.00 Plan Review New On -site (1) $44800 Plan Review New On -site (2) $56000 Plan Review New On -site (3) $71500 Plan Review New On -site (4) $79300 Plan Review New On -site (5) $1,16800 Plan Review New On -site (6) $1,51000 Plan Review New Off -site (1) $36100 Plan Review New Off -site (2) $44400 Plan Review New Off -site (3) $56000 Plan Review New Off -site (4) $619 00 Plan Review New Off -site (5) $91500 Plan Review New Off -site (6) $1,174.00 Plan Review Revision Sewer (1) $25800 Plan Review Revision Sewer (2) $31700 Plan Review Revision Sewer (3) $400.00 yr Increase Increase Decrease Increase Increase Increase Increase New Decrease Decrease Decrease New New No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change 01 '( 11 Plan Review Revision Sewer (4) $44400 No Chance INSPECTION TYPE NEW FEE SCHEDULE MODIFICATION Plan Review Revision Sewer (5) $64400 No Change Plan Review Revision Sewer (6) $825.00 No Change Plan Review Revision On -site (1) $348.00 No Change Plan Review Revision On -site (2) $431.00 No Change Plan Review Revision On -site (3) $548.00 No Change Plan Review Revision On -site (4) $607.00 No Change Plan Review Revision On -site (5) $90200 No Change Plan Review Revision On -site (6) $1,16200 No Change Plan Review Revision Off -site (1) $25800 No Change Plan Review Revision Off -site (2) $317.00 No Change Plan Review Revision Off -site (3) $40000 No Change Plan Review Revision Off -site (4) $444.00 No Change Plan Review Revision Off -site (5) $64400 No Change Plan Review Revision Off -site (6) $825.00 No Change Closure Inspection $11400 No Change Site Remediation /Hr $6000 No Change Off -Hours Inspection /Hr $98.00 No Change Inspection Special $17000 No Change Additional Plan Review /Hr $60.00 No Change Wastewater Sampling $17000 No Change ANNUAL INSPECTION FEE Class 1 $11400 No Change Class 2 $22700 No Change Class 3 $340.00 No Change Class 4 $45300 No Change Class 5 $68100 No Change Class 12 $1,35900 No Change Class X $17000 No Change HAZARDOUS MATERIALS RESPONSE ACTUAL COST Added from R 3881, Omitted in R NOTE ' Category I inspections include all apartments with 5 or more units On inspection categones I & 11, there will be no charge for first re- inspection, this is an incentive for business to correct all violations by the first re- nspecbon Subsequent re-inspections shall be at the Sees idenlified ° All hours approximated ' " Five Percent (5 %) reduction in hazardous waste permit fees will be reflected for any )usiness that maintains a Source Reduction Assessment Plan and reduces hazardous waste by more than five percent (5 %) VIl AItz CERTIFICATION 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 and 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 , 2002, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTENTION NOT PARTICIPATING WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of .2002 Cindy Mortesen, City Clerk Of the City of El Segundo, California (SEAL) Uiil .IL 1 5 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION, MEETING DATE: September 3, 2002 AGENDA HEADING: Public Hearing Consideration and possible action (public hearing) regarding a resolution adopting new fee schedule for recovering costs incurred from implementing National Pollution Discharge Elimination System ( NPDES) regulations RECOMMENDED COUNCIL ACTION. Recommendation. (1) Presentation by City Attorney's office regarding general NPDES regulations, (2) Open Public Hearing, (3) Discussion, (4) Read resolution by title only, (5) Adopt resolution, (6) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION: The Water Quality Act requires the USEPA to establish regulations setting forth NPDES requirements for storm water discharges. Requirements of Phase II regulations require permittees to inspect non -storm water discharges. These discharges include those from; auto repair shops, restaurants, storage areas, construction sites including landscape debris and construction debris (Background & Discussion continued on the next page....) ATTACHED SUPPORTING DOCUMENTS: Resolution Schedule of implementation fees. Storm Water Implementation Matrix FISCAL IMPACT None Operating Budget Amount Requested: Account Number, Project Phase Appropriation Required No ORIGINATED BY. _� DATE: August 27, 2002 Andres Santamana, Director of Public Works 20020903 NPDES New Fee Schedule - Resolutwn to Recover Costs U2, G 2 BACKGROUND & DISCUSSION (continued): As the attached matrix showing the activities required to be done to meet the storm water permit regulations indicates, there are seven (7) categories to be addressed They are general requirements, public information and participation, industrial and commercial facilities control, development planning, construction program requirements, public agency activities, and illicit connection and illicit discharges For this coming year, the City has budgeted $100,000.00 to provide transit stop trash receptacles, which will fulfill one of the public agency requirements This resolution will provide the City a means to recover the costs of performing these required inspections 20020803 NPDES New Fee Schedule — Resolution to Recover Costs n� wt.. RESOLUTION NO. A RESOLUTION ADOPTING NEW FEE SCHEDULE FOR RECOVERING COSTS INCURRED FROM IMPLEMENTING NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM ( NPDES) REGULATIONS. BE IT RESOLVED by the Council of the City of El Segundo as follows SECTION t The City Council finds as follows A El Segundo Municipal Code § 5 -7 -21 authorizes the City Council to establish fees for services, B Pursuant to Government Code § 66016, the City made data available regarding the cost, or estimated cost, of providing services to implement NPDES regulations ten days before the public hearing held on September 3, 2002 C On September 3, 2002, the City Council heard public testimony and considered evidence in a public hearing held and noticed in accordance with Government Code 6 66016. D At the recommendation of the Community, Economic and Development Services Department, the Fire Department and the Public Works Department, the City Council believes that it is in the public interest to establish NPDES Implementation Fees to recover the costs of implementing NPDES permit requirements CFCTTON The NPDES Implementation Fees, attached as Exlubit "A" and incorporated into this Resolution as if fully set forth, are approved and adopted SFC.110N I This Resolution is exempt from review under the Califorma Environmental Quality Act (Cal Pub Res Code §§ 21000, et seq., "CEQA ") and CEQA regulations (Cal Code Regs tit 14, § § 15000, et seq ) because it establishes, modifies, structures, restructures, and approves rates and charges for meeting operating expenses, purchasing supplies, equipment, and materials, meeting financial requirements, and obtaining funds for capital projects needed to maintain service within existing service areas This Resolution, therefore, is categorically exempt from further CEQA review under Cal Code Regs. tit 14, § 15273. SF('TTON 4 Pursuant to Government Code § 66017, this Resolution will become effective sixty (60) days after adoption and will remain effective unless repealed or superseded Page 1 of 5 rtr) r) Z' SECTION 5 The City Clerk will certify to the passage and adoption of the Resolution; will enter the same in the book of original Resolutions of said City, and will snake a mmute of the passage and adoption thereof in the record of proceedings of the City Council of said City, to the minutes of the meeting at which the same is passed and adopted PASSED AND ADOPTED this _ day of 2002. ATTEST Cindy Mortesen, City Clerk APPROVED AS Mark D Hensle� B-. A�, { , Karl H. Berger Assistant City, Mike Gordon, Mayor Page 2 of 5 0 2 EM < � Y EXHIBIT "A" URBA"N' Ri1fiWlR' - ZI �I.' kCH+C 'f° Category Expected Hours Plan Check Fee 1 10 + Home Subdivision 7.00 600 100,000+ square foot Industrial /Commercial project 5.5 475 Auto Repair Facility 3.7 320 Retail Gasoline Outlet 3.7 320 Restaurant (stand alone facility) 3.7 320 Outdoor Ammal Confinement 3.7 320 Projects in, adjacent to or directly connected to Environmentally Sensitive Areas 3.7 320 Site Specific Plan not otherwise listed 3.2 275 Redevelopment Projects 3.0 260 5+ space or 5,000+ square feet Parking Lot 3.00 260 Public Works Inspection Tees Inspection during normal hours for contractors working in public right of way. 2.00 75.0 Inspection after normal hours for contractors working in public right of way. 4.00 250.00 Fire Inspection Fees Storm water Ins ection - Restaurants 1.00 45.00 Storm Water Inspection - Automotive 1.00 45.0 Storm Water Ins ection - 1 Acre 1.00 45.00 Storm Water Ins ection - 2 to 5 Acres 1.00 80.00 Storm Water Ins ection — 6 + Acres 1 1.00 115.00 CONSTRUCTION STORM WATER POLLUTION PREVENTION Page 3 of 3 13 U c. i 'Plan Check fee is based on consultant fee rate of $85 00 per hour to be paid by applicant 2 This category will change to a 1 acre or more site on March 10, 2003 Fee will increase $70 for every acre over the initial first acre Page 4 of 4 i;% , �!, Expected Disturbed Area Hours Plan Check Fee At least 0.25 acres but less than 1 acre 5.50 475 1 acre or more 475 + $70 per (More than 5 acres requires State Permtt) 5 5 cre over 1 Non-residential site under 0.25 acres which is $ 235 etermined to require a plan review 27 'Plan Check fee is based on consultant fee rate of $85 00 per hour to be paid by applicant 2 This category will change to a 1 acre or more site on March 10, 2003 Fee will increase $70 for every acre over the initial first acre Page 4 of 4 i;% , �!, CERTIFICATION 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 and 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 6th day of August, 2002, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTENTION NOT PARTICIPATING WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of ,2002 Cindy Mortesen, City Clerk Of the City of El Segundo, California (SEAL) Page 5 of 5 0 SG T C Y z L v G C/) W LN V O IN F z 0 z W w a C 3 Q. 0 F 3 F i A w W H Q 3 O W Q7. f-� cn w W z O c E L 5 a• u U U U G a U U S U J R C. E V F a T E u V r b a ^. O V) A 3 m Y.. 0 4 O V ,o d c n 3 t e _ E ' N L ° F = O ft I L� � f G _ w `o d u L _ O n e U d a w" s 3 U O a C Q' L F U U Y a m •Q� U W p0 op w � o m p o V O S N N N N O r C O A N EE C> o C = e C O G G = C U U v C �� •� L a0. �p r v O O O U -O Td U L (y E a L maw r Ea'o Ed °d wdN E c E L 5 a• u U U U G a U U S U J R C. E V F a T E u V r b a ^. O V) A 3 m Y.. 0 4 O V ,o d c n 3 t e _ E ' N L ° F = O ft I L� � f ) ) U28 &- ! � \ 2 \ } ( a � / b 3 � / ,_ ! \\ m 2E ! E {r z { ) §, \ \ \ /\ LM /\ ) \\ f �! ° )Q ) U28 &- \ \ ) eeo f ) } } � 2 ;D ( 0 & � / � g c ( ? \/) )%z �§ \ \f /) - 4 G °f ( �L }/\ \ ; j \- \ `� /!§ 2 ) e e ƒ ) eeo 3 c a N t 4 o° a a J it') I M, e W u ° O h N U d a 6 .q W O 3 Q C a U ° ^' F v a a a a Mo z « 4 U N O U y O N N N C N N ji y E L m a, UJ 5 N G 3 O N W 00 N O° V E S R O _E E C G U u 'O O E C. ate. 0 v o O DO O O O` ,L v U€ •W cc T ° W E C O V 01 4 y N 0 C 7 C h n u cE F O Cc: > O C m L o a° a"; G S v u G m= m rig E e •r v v v r c r r r W W W W W a N t 4 o° a a J it') I M, . J C X C G Z 0 z L E vi 3 m a N m 0. c a a 03 1 0 v u 7 O y q U d 4 E w z O 3 a F U a d a a zA C a z t W o LID F U !yd C c Gi m o pO N al .L N L 9 1 y G N W N U > m a y = O y a u V y U A Z F u d o m 9 0 b 4 m m€ W > F C C t A a N m 0. c a a 03 1 v c U C C z L z 3 m m �a a M t�tl 0.. O m E3 e 3 iL W O u u 7 0 h q e U d m E .y a s z e o d o 9 � w g � F U ..a U W w a U � a U = O A C O G Y _ z N 0. 0> m [x1 F m o u y c y y c G1 _ u u o r Q O = L v d O- C W QL v c m o E_ Eu ai= v o a z c m E 2 E° �s1 m �a a M t�tl 0.. O m E3 OD k 033 �\ ! GO! � 3 K ( ! $ 0 f 2 � k j ! � k � \ 2 / / ? e ) § r=��{ |! §! {0u =IE rA _ - §)� [ cn E� 00 } |/ ) at« \{() )\ 7 \ /[70 -6 _ ) EE } cn — & §r & ® »[ 1 + a 2 § § § /) § §ƒ) § ) OD k 033 �\ W 0 X z z i `[1 3 5 m 00 n v a. a 034 6m 7 7 k. O u u 0 w U d w e w L 3 d 9 z 8 U � z a W C. J F 'Z a a O a w N C O 00 L oq po b OO N� 00 N ry W L M d L Ltl L Cy � 4 m a e ❑ �0 ai 3� o c E° n 6 D W V E U 6 V 06 2 °o E£ y d ou'o 5j E o < t v o U Q U w v ° v o p1 A o 9 y O�'. 'a 0o •W W C F `� C m m y O O . ° O N o o mad+ E °1L a` a°i m 6 o w £ o d .= d n m o y m c W .fl 1•. u s E E r<n W c 3i d o° u � m L` d e v °�' �Al v O 0 E£va aEumocm �n >w`3_.3 >c u E v7 q v °u' u € LIZ o a o £ E d o D 'p° v n F m c c. au P. p .�+ EO Vi 6% C b L W .°qI' C N r r ad a pa a m 00 n v a. a 034 6m \ \ \ U]S �« ! ! � ! [ / 2 ƒ { 3 \ k , § ) k ? � 2 \) r $§ ±! __ || _ ) \\ }\ ! eeco ; ; ƒ $ « ��@ � / \ \� � ` CX \k} ) }�\ \� \ ■! ) u &= / %f a [ ©! ) ! —ƒ|` , 7}; ; £ § ( ƒ Z§ ! &/\ \ ( \ U]S �« ) / ) C]G E CM ! � 3 \ . & 7 \ � § * 7 o ! _ - 2 3 ( \ g( \ §\ /\ \ ! \k /§k \)�)!) :m7aI\ _ § lB \!! »£ , ! , -EE 12 7r »! | }( \ v \{E9£ k )£(e<Eltt(§ ° 'M £° S =E2 / ) C]G E / \ tv k §)? � ! � 3 § � [ k j \ f° q � ) « o / 3 f ta§- £ \\ \\ Mz ! / W- OMEW § 2! @E {)| 2k u tE � z ) /\ {� \ / u : %( }\ \k \7 } ƒ §7 ) ƒ()! § %v J E ° g)) E{ &a ;* §t ) / I #E)|2\ ƒ \ /$\ )r /f52){ }§ At \ e( f§) ; § }( })kk t } �� / //■ @ co 10Mm \j w /k { \{ /t } \} G f \} iE § !/ 00 tv k §)? � ti Y z F- z 3 LC a t c. i 0 P R J 038 *i a 7 �I C I LL e d u e h e U I d E N W L W C q W F., o U F Q J z Q U CO N O O N N O O N N en d mm 6 N LL O O u O W y W t y V m 6 6 t Z E 'o E ❑;; F G^ o e 3 d m m 0C u 0. Op u C n G ° d u L ❑ o c y£ e c p, ,� CC 3 c O 3 E c u E o 3 v aE ° °i °'� y o m E t EE '> a v ,. c E m w> y' a> obi m 00 > Q O M IT t E U 3 m F L m N d m u o 0< u E C U V C U `e a, w w o c_mZw a`c y`Eo. v_ = o U Uc o y' � O L •C 9 W m UEo a C c m v —� W m L � S E N Y O �. N rA A d R W A a t c. i 0 P R J 038 *i \ \ gSg ka 3 � ( § � } \ � E $ � § / §# cc (` k/ a�# �[rt2 &, } wo \\ CI �1OL $ ,22 - $ !0 }! ` ) $2 °° § ��`- + |ffa ts§� « �%/ *m c u § ; ®}� f |!\; a t§ { \ $ $ 227 0 } -0N \3 [4 }�«a �\ ) , \ gSg ka T v z z i 3 b a 0 m a e t R a, 0 R L U40- I C iL O d u e 0 y N U d a E Y N Z 3 v W v, b w F U F U m Q z w_ � U U 5 0 o cc ^ �. — C O N P _ � N Q Q N y,• L' G W O c a •� — W G W a N W N C 6 m U: po y •E o N W a U� •E u °1 � � a � o omi a `q 13Z CE LYl U k7 � � U a a, h .-. .—..• y j � V v R V O A v �m a •` W_ — u � �a O O O L y N h W '� L h W a i d Vl tJ � Qya v�Eao v� E. vm Uh a 0 m a e t R a, 0 R L U40- I M. / } 47" D42 ! ! � 3 ) § � § \ 7 \ } ) 3 4 § \7 /ƒ §))) tk ; F } } } ; Al ) / } - % #\ {)) OR 96 - � !#§\ i |a 20 ƒ/ƒ ( � _ ) /j\ �( §�0 }k § I »`` 7 f! k ƒ {G ( ;§) I & « . k \ \�% }k) } - ! § §{ 3 I )§ ) 3 _ rz k {\ ( 3! « M. / } 47" D42 Ji 3 0 a C 0 m a J LM 04� 9 C {t O d u e e y M e U d m E N fal t 3 d W °e F U i F U W 4 C z � Y Q V U_ V y N O p O O Al h 0. C h Q d L�`O u C O V h 00 •� W d �. lE �° iy., Q y A� y ,Qy u ry c F o � a a N a 0 a C 0 m a J LM 04� c C Z z L J 3 m a r P. 0 P Y J 7 C 7 Fz O d u r O O to N U d `a E n fs7 � W � 3 a c x U '- °o Vi U A F rUa be� raj rl CO) ro z 0 F U U W c C 0 ►� W A r_ � O L M r V �% ❑ S y �"� � N N� h A w € a E c -2.2 d o Cp d Al DD v> R7 .B A 6 0 C r N vl d O a dcc tx C 'O d y d O zm d E d O u V L CL— CL C E E �= o° F' " `� u> V u v H = a a h v, v ❑_ c E 'v E' o e c€ c 'c °c *13 p 96 61 a �= C� 'O ❑ ` d � V m� y � F' w R iL m� A L O � ❑ E C u a vi m a r P. 0 P Y J X z Z f i 3 d N 6 n x A a, O Pm a �s 4 0 d ° N ° U s d a E a E E y 0 m < < < rn U A F U a a m c z 0 F U U z y •O �./ O Cyl U V S U N C m N d ., d 4. � o m C o �• O O m 3 E c � ❑�� V ,—u° T d � G 4. O �' .'�• .a cc a N n L � � O O ` v N ij � E C C C C y •aC C y = C 4 °�° E e 3 CA m a � vI '� � �. •u � �• �' � G h y O G ` ` u ° n •' c •` N '� U N V L N C N •V P•i � r+f N O M O. � F Y a N 6 n x A a, O Pm a �s 4 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: September 3, 2002 AGENDA HEADING: Special Orders of Business Consideration and possible action (Public Hearing) regarding the FY 2002 -2003 Preliminary Budget and Five -Year Capital Improvements Plan. RECOMMENDED COUNCIL ACTION: 1) Open Public Hearing 2) Close or Continue the Public Hearing to September 17, 2002; 3) Schedule budget for adoption at the September 17, 2002 meeting 4) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION: The FY 2002 -2003 budget process began on May 13, 2002 with the budget kickoff for staff Departments were given budget instructions and specific guidelines as directed by the City Manager. On July 15, 2002, the City Council held a Strategic Planning Session with the City Manager and all department heads. During this planning session, the City Council reviewed departmental projects and established priorities and setthe general direction forthe nexthscal year Projects were added or deleted based on the priority established together by the City Manager, all department heads, and the City Council. The budget impact of any new projects were included in the FY 2002 -2003 Preliminary Budget. ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT: Discussion to Adopt FY 2002 -2003 Preliminary Operating and Five -Year Capital Improvement Budget Operating Budget. Amount Requested: Account Number: Project Phase, Appropriation Required: _ Yes _ No a23 it C_ 8 --27 -0 L Bret M Plumlee. Director Administrative Services REVIEWED BY- DATE: oZ Mary S enn, City Manager A !� E3 BACKGROUND & DISCUSSION: The Preliminary FY 2002 -2003 Operating and Five -Year Capital Improvement Budget was distributed to the City Council on August 6, 2002 On August 20, 2002 a budget workshop was held to discuss the budget in detail The final steps in the process are a public hearing on September 3, 2002 and final budget adoption on September 17, 2002 04 t, M 13 EL SEGUNDO CITY COUNCIL MEETING DATE: September 3, 2002 AGENDA ITEM STATEMENT AGENDA HEADING: COMMITTEES, COMMISSIONS & BOARDS AGENDA DESCRIPTION. Consideration and possible action regarding the setting of a date and time for Interviewing candidates to the various Committees, Commissions and Boards (CCBs) RECOMMENDED COUNCIL ACTION: (1) Set date for Interviews of candidates to the Planning Commission, LAXMAC, and the Cl PAC, for 6.00 a.m.. Tuesday. September 17.2002: (2) Alternatively, discuss and take other action related to this item. BRIEF SUMMARY* Various Candidates, Including Incumbents, have responded to the vacancies that have occurred on the various CCBs There exists an opening on the Planning Commission and one on LAXMAC There are two positions that will come open in November 2002 on the CIPAC. Applications forthe various openings may be filed by Interested candidates with the Council Office up until 5.00 p m of the Friday before the Tuesday Interview date. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT. N/A ORIGINATED. Julia O Abreu, Executive Assistant Date: August 27, 2002 REVIEWED BY: Mary Strenn, City Manager Date. August 27, 2002 Tarn cebv002\M302 Ag=G a lnte ms -Pl mg lACMAC -CIPAC A c 047 4 m Z S' LL zw � N U y iO N Z �3 ui o rc k r c c a O tt a a a LL ❑ w r O C i� m i uw. LL oQ ¢ � ❑Cu 2W 00 2n 2 022222 �j 55�S °z p B i yLL¢QOOON�y �Q� y�j �ziWzuw $FLL S �y M2. C p W X r m vLLl > 2 U a O a r yy'' W , W i? 6 J 2 f N 0 JS N G Q U U W W = QQQQQQ Q i ]L =LL p O m 2 Qa W W N i :¢ gg j = 0 . ¢ a I p i Z s i2 O« w 0 �'000ao__��n�mm��M�s`tnes "no�aa U 5 3 0 u w $ s p r N N e a W a �a oO �OEM U � O H mU F� �7 of W O M Y u W u 0 I °c A m E a C a m E �O �U m$ d W 8 U C LL 0 � SO m N £8mg �y 9 �Ga ffi�q� p3E�s nSr ❑ m $�5 Y m 2 $ E 5 N m p O Y p O y ii m m o pN >so w a UDC LL a 6l 'j 1` W � W U O w U w � N j 4 N s h ❑ LL O Oi W W R =r,5 ki � mm,�Mm m mamm .n m i uw. LL oQ ¢ � ❑Cu 2W 00 2n 2 022222 �j 55�S °z p B i yLL¢QOOON�y �Q� y�j �ziWzuw $FLL S �y M2. C p W X r m vLLl > 2 U a O a r yy'' W , W i? 6 J 2 f N 0 JS N G Q U U W W = QQQQQQ Q i ]L =LL p O m 2 Qa W W N i :¢ gg j = 0 . ¢ a I p i Z s i2 O« w 0 �'000ao__��n�mm��M�s`tnes "no�aa U 5 3 0 u w $ s p r N N e a W a �a oO �OEM U � O H mU F� �7 of W O M Y u W u 0 I °c A m E a C a m E �O �U m$ d W 8 U C LL 0 � SO m N £8mg �y 9 �Ga ffi�q� p3E�s nSr ❑ m $�5 Y m 2 $ E 5 N m p O Y p O y ii m m o pN >so w a UDC LL a 6l 'j 1` W � W U O w U w � N j 4 N s h ❑ LL O Oi W W R =r,5 ki CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 08/10/2002 THROUGH 0812312002 Date Payee Amount Description 8/12102 West Basin 778,266 40 H2O payment 8113102 PGC E( Segundo LLC 32,62112 Golf Course Payroll Transfer 8115102 Employment Development 36,822.46 State Taxes PR 4 8115102 IRS 192,268 45 Federal Taxes PR 4 8/15102 Health Comp 1,255.00 Weekly claims 8/9 8/19102 - Federal Reserve 500.00 Employee Savings Bonds EE 8/19/02 Federal Reserve 150.00 Employee Savings Bonds 1 8121/02 Health Comp 570.78 Weekly claims 8/16 8/10-08123/02 Workers Comp Activity 8,025.52 SCRMA checks issued 1,050,479 93 DATE OF RATIFICATION: 0913102 TOTAL PAYMENTS BY WIRE. 1,050,479.93 Certified as to the accuracy of the wire transfers by DepuW Treas r Date Director of Administrative Servic Date City Manager Date Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo :4<: FTE haillm MINUTES OF THE SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, AUGUST 20, 2002 - 5:00 P.M. CALL TO ORDER — Mayor Gordon at 5:00 p.m. ROLL CALL Mayor Gordon Present Mayor ProTem Jacobs Present Council Member Gaines Present Council Member McDowell Present Council Member Wernick Absent f- 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 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 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 A SPECIAL ORDERS OF BUSINESS — Presentation of budget workshop on the FY 2002 -2003 Preliminary Operating Budget and Five Year Capital Improvement plan. Mary Strenn, City Manager, gave introductory remarks. Bret Plumlee, Director of Administrative Services and Gavin Curran, Assistant Finance Director, gave Revenue, Capital Improvement Projects and Expenditure summary overviews Bret Plumlee also presented budget highlights for Elected Officials, Administrative Support Services and Internal Service /Nondepartmental. Jim Hansen, Director of Community, Economic and Development Services, presented department highlights and responded to Council questions. Andy Santamaria, Director of Public Works, presented department highlights and responded to Council questions Greg Johnson, Director of Recreation and Parks, presented department highlights and responded to Council questions Councilmember Gaines requested that the Council members who previously were involved in the Golf Subcommittee meet with staff to review the capital improvements listed in the Golf budget before adoption Mayor Pro Tern Jacobs indicated that the $8- 10,000 proposed to be added to the budget for Grand Avenue tree maintenance be closely reviewed if contracted out to make sure it is spent for that purpose Councilmember McDowell described the purpose of -huttle bus wraps and supported funds being used for them. MINUTES OF THE SPECIAL CITY COUNCIL MEETING AUGUST20,2002 PAGE NO 1 Debra Brighton, Library Director, presented department highlights and responded to Council questions Jack Wayt, Police Chief, presented department highlights and responded to Council questions. The Chief was requested to report back, at a later date, on the challenges of hiring Dispatchers. Norm Angelo, Fire Chief, presented department highlights and responded to Council questions. A report back to Council was requested by the Mayor on the potential of a Volunteer Citizens Corp and the expansion of AED units beyond public safety facilities. Council gave the following direction regarding a plan to hire three new paramedics at a total cost of $300,000, not Including one -time costs. The funding will be included in the FY 2002 -2003 adopted budget contingent upon the following: The new paramedic hires would not be subject to minimum staffing requirements; the new paramedics could provide for backfill of current paramedic vacancies. The costs would be paid for by charging for fire inspections and other fee adjustments; also the paramedic transport rates would be increased to similar rates in other cities and residents' insurance /medicare would be billed; the projection of $258,000 revenue will be included in the FY 2002 -2003 adopted budget. New staffing will not be filed until the new fees and rates are adopted. ADJOURNMENT at 6 40 p.m Cathy Domann, Deputy City Clerk MINUTES OF THE SPECIAL CITY COUNCIL MEETING AUGUST 20.2002 PAGE NO 2 � L MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, AUGUST 20, 2002 5:00 P.M. SESSION HAS BEEN CANCELLED 7 00 P M SESSION CALL TO ORDER — Mayor Gordon at 7.00 p m. INVOCATION — Reverend John Svendsen of First Baptist Church PLEDGE OF ALLEGIANCE — Mayor Pro Tern Sandra Jacobs PRESENTATIONS — (a) Mayor Pro Tern Jacobs presented a Commendation to City Clerk, Cindy Mortesen, for having attained the prestigious Master Municipal Clerk Academy designation ROLL CALL Mayor Gordon - Present Mayor ProTem Jacobs - Present .ouncil Member Gaines - Present Council Member McDowell - Present Council Member Wernick - Absent 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 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 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. Liz Garnholz, resident requested an explanation of agenda item 12. A PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only MOVED by Council Member Gaines, SECONDED by Council Member McDowell, to read all ordinances and resolutions on the Agenda by title only MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 COUNCIL MEMBER WERNICK ABSENT MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 20, 2002 PAGE NO 1 i- :3 " Is B. SPECIAL ORDERS OF BUSINESS - PUBLIC HEARING Consideration and possible action regarding a Resolution of the City of El Segundo, California, finding the City to be in conformance with 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. Clerk Mortesen stated that proper notice had been done, and no written communications had been received by the City Clerk's Office. Mary Strenn, City Manager, gave a report Liz Gamhoiz, resident, spoke regarding CMP mitigation issues Council consensus to close the public hearing Mark Hensley, City Attorney, read the following: RESOLUTION NO 4267 A RESOLUTION FINDING THE CITY TO BE IN COMPLIANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT PURSUANT TO GOVERNMENT CODE § 65089 MOVED by Mayor Pro Tern Jacobs, SECONDED by Council Member Gaines to adopt Resolution No. 4267 finding the City to be in compliance with the Congestion Management Program (CMP) and adopting the CMP Local implementation Report pursuant to Government Code § 65089 MOTION PASSED BY UNANIMOUS VOICE VOTE 410 COUNCIL MEMBER WERNICK ABSENT C UNFINISHED BUSINESS 2 Consideration and possible action on a status report of the application for certification of the El Segundo Power Plant Redevelopment Project (a 5- minute presentation). Paul Garry, Senior Planner, Economic and Development Services, gave a report Council consensus to receive and file report D REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - NONE MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST20,2002 PAGE I10'2 EM -M CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of 3n item is made, the item(s) will be considered individually under the next heading of business 3 Approved Warrant Numbers 2527326 to 2527643 on Register No. 21 in the total amount of $884,497 96 and Wire Transfers from 07/27/2002 through 08/09/2002 in the amount of $336,776.94 Authorized staff to release. Rated. Payroll and Employee Benefit checks, checks released early due to contracts or agreement; emergency disbursements and /or adjustments; and wire transfers. 4 Approved City Council Meeting Minutes of August 6, 2002. Approved the City entering into a Joint Exercise of Powers Agreement No. 3046 with the City of Glendale to evaluate the feasibility of participating in a public safety radio network. Authorized the City Manager to execute the Agreement between the City of El Segundo and the City of Glendale to establish an Interim Joint Powers Agency, in a form approved by the City Attorney Adopted the City's Investment Policy as submitted. Adopted Ordinance No 1346 amending El Segundo Municipal Code Section 1-4-4 to clarify that Council meetings scheduled on election days will be continued to the next City business day Rescinded Resolution 4212 and 4221, pertaining to the current Conflict of Interest Code, and adopted Resolution No. 4268 approving a new Conflict of Interest Code. PULLED FOR DISCUSSION BY MAYOR PRO TEM JACOBS 10 PULLED FOR DISCUSSION BY COUNCIL MEMBER MCDOWELL 11 Adopted Ordinance No 1348, which implements the Standard Urban Storm Water Mitigation Plan of the California Regional Water Quality Board for the Los Angeles Region by amending Chapter 7 of Title 5 of the El Segundo Municipal Code in its entirety MOVED by Council Member Gaines, SECONDED by Mayor Pro Tern Jacobs to approve Consent Agenda items 3, 4, 5, 6, 7, 8 and 11 MOTION PASSED BY UNANIMOUS VOICE VOTE 410 COUNCIL MEMBER WERNICK ABSENT. CALL ITEMS FROM CONSENT AGENDA Consideration and possible action regarding the purchase of two (2) vehicles (a propane transit powered bus and a dump truck.) (Fiscal Impact $145,310.00) MOVED by Mayor Pro Tem Jacobs, SECONDED by Council Member McDowell to approve the purchase of two vehicles (a propane transit powered bus and a dump truck MOTION PASSED BY UNANIMOUS VOICE VOTE. 410 COUNCIL MEMBER WERNICK ABSENT MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 20, 2002 PAGE NO 3 J a. 10 Consideration and possible action to authorize the City Manager to execute a license agreement, in a form approved by the City Attorney, between the City of El Segundo and Kilroy Realty Corporation for installation of a parking structure sign wthin the public right -of- way of Walnut Avenue. MOVED by Council Member McDowell, SECONDED by Council Member Gaines to authorize the City Manager to execute License Agreement No. 3045, in a form approved by the City Attorney, between the City of El Segundo and Kilroy Realty Corporation for installation of a parking structure sign within the public night -of -way of Walnut Avenue. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 COUNCIL MEMBER WERNICK ABSENT. NEW BUSINESS — 12. Consideration and possible action regarding adoption of an Ordinance amending the El Segundo Municipal Code ( "ESMC ") § 7- 7- 2(B)(3) removing the exemption for certain handbills. This action should be taken to comply with applicable Federal and State laws Mark Hensley, City Attorney, gave a brief report and responded to Council questions. Council consensus to direct the City Attorney's office to determine whether newspapers may be regulated by this Code section and reagendize for a future meeting F REPORTS — CITY MANAGER — Reported that the RFP for the Circulation Element to be reagendized for the September 3 2002 Council meeting. G REPORTS — CITY ATTORNEY — NONE H REPORTS — CITY CLERK - NONE REPORTS — CITY TREASURER — NONE REPORTS — CITY COUNCIL MEMBERS Council Member McDowell — NONE Council Member Gaines — NONE Council Member Wemick —ABSENT Mayor Pro Tem Jacobs — NONE Mayor Gordon — NONE MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 20, 2002 PAGE NO 4 rl :; I PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 ilinute limit total) Individuals who have received value of $50 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 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, requested information regarding rebate on the Public Utilities Tax Joe Brandin, resident, made a presentation on City Trees Liz Garnholz, resident, spoke regarding street trees and LAX expansion Sylvia Wilkinson, resident, read letters into the record regarding the Community Center Project She was not in support of the project as proposed Jan Wagner, resident, spoke regarding the Community Center Project. She was not in support of the project as proposed Linda Pollard, resident, read a letter into the record, regarding the Community Center Project She was not in support of the project as proposed Cary King, resident, spoke regarding the Community Center Project She was not in support of the orolect as proposed Susan Richardson, resident, spoke regarding the Community Center Project. She was not in support of the project as proposed. MEMORIALS — Thomas DeAngelis, brother of Donna Smollen an El Segundo resident, one of the 19 NYFD Chiefs, who died on September 11, 2001 CLOSED SESSION - NONE ADJOURNMENT at 8.00 p m Cathy Domann, Deputy Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 20, 2002 PAGE NO 5 r r •y 05t, EL SEGUNDO CITY COUNCIL MEETING DATE: September 3, 2002 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action regarding a request by the American Heart Association for City support and approval to close certain streets during the American Heart 5K Walk, Saturday, September 21, 2002. RECOMMENDED COUNCIL ACTION: (1) Approve request; (2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: The American Heart 5K Walk is scheduled for Saturday, September 21, 2002, from 8:00 a.m. to 1:00 p m. on Mattel's grounds at 333 Continental Boulevard in El Segundo The American Heart Association (AHA) requests the following assistance and fee waiver street closures from 7:45 a.m. to 11:00 a.m. (referto attached map) on Continental Boulevard, Mariposa Avenue, Maple Avenue, Nash Street and Grand Avenue, motorcycle officers for traffic monitoring and safety assistance; police officers at registration area to escort money deposits; and, fire engine and paramedics on site The AHA requests that the following equipment and materials be dropped off Friday, September 20, 2002 after 2:00 p.m. at Mattel Corporate Headquarters: (1) Street barricades and cones (original request for 200 cones increased to 300), and, (2) Disposable trash receptacles with 200 liners. These will be put up by the City Street staff (no cost) (3) City generator — Honda 5500 (no cost). (4) Show mobile portable stage ($400, which includes transport of the unit by a contractor and staff time for set up and breakdown of the unit). Staffing for this event will consist of AHA volunteers. In addition Police services will be rendered by the RSVPs as well as 4 police officers, 2 cadets and 1 PSO ($1,020). The ESFD can provide an Engine Company and Paramedics on the day of the event (no cost). Many El Segundo businesses and their employees, as well as City employees participate in this event and for the past three years, the City Council has waived all costs, permits and fees for the annual American Heart 5K Walk, held at Mattel. ATTACHED SUPPORTING DOCUMENTS: Letter from the American Heart Association dated August 15, 2002 with attached map for the 5K Walk route. FISCAL IMPACT: Operating Budget: Amount Requested. Account Number: Project Phase: Yes No ORIGINATED Julia O Abreu, Executive Assistant DATE: August August 21, 2002 ,.C.w AgrnOaz` IQ2 SufS P,.ANA We Sep, 21d 11�w 11 08/22/2002 85:40 13182773262 AHA tvESTSIDE PAGE 02 Atnaican!`[Esrt August 15, 2002 AsSOCtBtlOn' f*Vft ""n C"S"" and snob Ms Mary Strenn City Manager City of El Segundo — City Council Dear Mary, I am writing to request that the American Heart Association be put on the City Council's September 3rd Agenda. We would like to ask for the City Council's approval of the American Heart Walk LA — South event, which will be held in El Segundo on Saturday, September 21st at Mattel Corporate Headquarters. All proceeds from the event go to the American Heart Association and its life saving mission. The American Heart Walk is a 5K walk that starts at Mattel Headquarters, proceeds through neighboring streets and then finishes back at Mattel. We are expecting up to 7,000 walkers at the event and about 150 volunteers. In conjunction with the walk there will be a Wellness Festival and Expo, which takes place on September 21 from gain to 1pm on Mattel's grounds at 333 Continental Blvd in El Segundo. The American Heart Association requests the following assistance and fee waiver- The following street closures from 7.45 am — i l am- Continental Boulevard, Mariposa Avenue, Maple Avenue, Nash Street, and Grand Avenue (A route mop is enclosed for your convenience) 2 Street barricades and 200 traffic cones 3 Motorcycle officers for traffic monitoring and safety assistance 4 Police officers at registration area to escort money deposits 5 Disposable trash receptacles and 200 liners 6 Use of the show mobile- portable stage 7 Fire Engine and paramedics on site 8 Use of city generator —Honda 5500 All equipment and materials can be dropped off September 20, 2002, after 2.00 pm, at Mattel Corporate Headquarters There is 24 -hour security provided by Mattel. Thank you very much for your time and consideration. Sincerely, i� 6 Jessica Rivera Director, Corporate Events American Heart Association 10390 Santa Monica Blvd, Ste 310 Los Angeles, CA 90025 Sri _1 AMERICAN HEART WALK AUG -21 -2002 09 5e 13102773262 96% 09 08/22/2002 05:40 13182773262 ANA WESMIDE NMEPACM NAT \NAIk, 2002 L-OS "Jeiae • SW T H MN v v IV v PAGE 03 r RUG -21 -2002 D9 59 �L SF-GuNpo 6�-VL) 131D�nn70F,7 qpe n n� A EL SEGUNDO CRY COUNCIL MEETING DATE: September 3, 2002 AGENDA REM STATEMENT AGENDA HEADING: Consent Consideration and possible action regarding a request by the El Segundo Police Officers and Firefighters Associations for City support and approval to dose Main Street between Grand Ave and Holly Ave, during the Pancake Breakfast in Honor of the Victims of 9111, Saturday, September 14, 2002. RECOMMENDED COUNCIL ACTION: (1) ADDrove request: and (2) Alternatively, discuss and take other action related to this item. The El Segundo Fire and Police Departments and their Associations would like to honor the victims of September 11, 2001 by providing a Free Pancake Breakfast for the Community on Saturday, September 14, 2002, from 8:30 a.m to 1:00 p.m. We believe this event will appropriately keep alive in the minds of the community the dedication and sacrifice demonstrated by the firefighters and police on that tragic day. The Police and Fire Associations are requesting that the following equipment and materials be dropped off Friday, September 13, 2002 between 8:00 a.m, and 5:00 p.m. at Fire Headquarters, 314 Main Street: (1) Street barricades, (2) Disposable trash receptacles and 100 liners; and (3) Tables and chairs. The show mobile portable stage, which requires special set up and breakdown of the unit, can be brought on the morning of September 10. Both on -duty and off -duty fire and police personnel will staff the event. All food will be provided through donations by local businesses and the Police and Fire Associations The Fire Department hosted a similar event last year to raise funds to support the Fire and Police Departments in New York City. This year donations will also be accepted with the proceeds going to the South Bay Police and Fire Memorial Foundation and the foundations assisting the Police and Fire services in New York City. ATTACHED SUPPORTING DOCUMENTS: Letter from the El Segundo Police Officers Association and the El Segundo Firefighters Association dated August 23, 2002. FISCAL IMPACT- Operating Budget. Amount Requested: Account Number: Project Phase: Appropriation Required: _Yes X No ORIMNAT D BY: DATE: Johlt ilbert, Administrative Battalion Chief REVIEWED BY: DATE: Mary Stre City Manager 8�90z o6tJ 8 G�� Y O� C sEGV�4 El Segundo Firefighters' Association Inc. El Segundo Police Officers' Association Kevin Rehm, President John P. Sellens, President August 23, 2002 Mary Strenn, City Manager City of El Segundo Council Members Dear Mary and Council Members, The El Segundo Fire and Police Departments and their Associations would like to honor the victims of September 11. 2001 by providing a Free Pancake Breakfast for the community We believe this event will appropriately keep alive in the minds of the community the dedication and sacrifice demonstrated by the firefighters and police on that tragic day A FREE pancake breakfast will be served between 8 30 a in and 1 00p in in the apparatus bay of Fire Station #1, 314 Mam Street There will also be live music, two Bounce Houses for the kids, and Police and Fire apparatus displays All food will be provided through donations by local businesses and the Police and Fire Associations The Police and Fire Departments and Associations are requesting that this event be put on the City Council's September 3" Agenda We are asking for the City Council's consideration and ultimate approval of the event to be held on Saturday. September 14'" Donations will be accepted with the proceeds going to the South Bay Police and Fire Memorial Foundation and the foundations assisting the Police and Fire services in New York City The Police and Fire Departments request the following assistance and fee waiver 1 Closure of Main Street between Grand Ave and Holly Ave between 7 00 a in and 2 00 p in 2 Street barricades 3 Disposable trash receptacles and 100 liners 4 Use of the show mobile - portable stage Tables and chairs All equipment and materials can be dropped off on September 13`s between 8 00 a in and 5-00 p in at Fire Headquarters. 314 Main Street Thant, you for your time and consideration Sincerely Firefighters Association i t PoltOfficers Association 116 - i I- EL SEGUNDO CITY COUNCIL MEETING DATE: September 3, 2002 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Consideration and possible action regarding the annual renewal of the Library Department's blanket purchase orders and to encumber funds for four vendors Baker & Taylor Information Services, OCLC Inc, Ebsco Subscription Services, and Innovative Interfaces, Inc (Fiscal Impact: $129,400) RECOMMENDED (1) Authorize blanket purchase orders to Baker & Taylor Information Services, OCLC Inc, Ebsco Subscription Services, and Innovative Interfaces for FY 2002 -2003 for supplying library materials, online cataloging services, and system maintenance, (2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION* The following vendors require blanket purchase orders which exceed $10,000. Baker & Taylor (B & T), the Library's leading supplier of books, music, books -on -tape, videos, DVD's and other items, offers substantial savings of up to 45% under retail cost Appropriations are being requested for the following accounts Adult Materials $50,100 Audio/Visual $ 1,800 Youth Materials $24,000 School Library Materials $ 9,200 Videos & DVD 3,000 Total $88,100 OCLC, Inc provides online cataloging services at an annual amount of $20,000 Ebsco Subscriptions Services delivers periodical and journal subscriptions for $14,300 Innovative Interfaces, Inc provides maintenance of the Library's online network system for a total cost of $25,000 ATTACHED SUPPORTING DOCUMENTS. Addendum D to Innovative Interfaces, Inc Maintenance Contract #2235 FISCAL IMPACT- Operating Budget: $250,350 Amount Requested, $129,400 Account Number. 6101- 2561; 6102 - 6124; 6103 - 5505;6103 - 5507;6104- 5501;6104 -5502 Project Phase, Annual Renewal Appropriation Required. Yes X No ORIGINAj}ED BY DATE: ebra Brighton, Library Director REV WED DATE: ary Str nn_ City Manager 06_' C) k0 ADDENDUM "D" TO CONTRACT 2235 Innovative Interfaces, Inc. This Addendum D to Contract Number 2235 between the City of El Segundo and Innovative Interfaces, Inc. dated October 3, 2000 and extended by Addendums B and C through September 30, 2002, shall extend the term of the Contract until September 30, 2003 All terms and provisions of the Contract, which are not inconsistent, or in conflict with this Addendum No. D shall remain in full force and effect and neither party waives any rights it may have IN WITNESS WHEREOF, the parties hereto have executed this Addendum No. D the _ day of CITY OF EL SEGUNDO Name, Title ATTEST Cindy Mortesen, City Clerk MORE Mark Hensley, 'Y'Ay Attorney 2002 Innovative Interfaces, Inc Name, Title 0 6 3 EL SEGUNDO CRY COUNCIL AGENDA REM STATEMENT AGENDA MEETING DATE: September S, 2002 AGENDA HEADING: Consent Consideration and possible action regarding extending the professional services contract for auditing services with Lance, Soil & Lunghard for two years through 2002 -2003. Fiscal Impact (2001 -2002 $28,550, 2002 -2003 $29,350 and a one -time fee for GASB 34 Implementation of $3,000 = $60,900) RECOMMENDED COUNCIL ACTION: (1) Authorize the Mayor to approve a two -year extension of professional services for auditing services with Lance, Solt & Lunghard through 2002 -2003 for $60,900; (2) Alternatively discuss and take other action related to this Item. BACKGROUND & DISCUSSION On August 17, 1999 the City Council awarded a contract for audit services for 1998 -1999 through 2000 -2001 to Lance, Soil & Lunghard with an option to extend the agreement two additional years for 2001 -2002 and 2002 -2003. The two -year extension represents an annual Increase In fees of 3 %, which Is consistent with audit contracts of this kind, and the one -time GASB 34 Implementation fee of $3,000 that Is very reasonably priced based on a survey of over 15 cities ATTACHED SUPPORTING DOCUMENTS. Amendment #1 to contract #2717 FISCAL IMPACT. Operating Budget. $60,900 Amount Requested, _ Account Number: 001 -400 -2502 -6214 Project Phase Appropriation Required- _ Yes x No To be included on 2002 -2003 & 2003 -2004 budgets ORIGINATED BY- DATE: Bret M Plumlee. Director Administrative Services REVIEWED BY DATE: Mary St n, City Manager BACKGROUND & DISCUSSION 0.2. -.- 10 (164 Flaw VIM The audit services include the City's Financial Audit, Single Audit, State Controller's Report, and an additional 100 hours at no cost to the City towards a review of the Administrative Services Department internal controls, Golf Course audit and internal control review, and other senior -level accounting tasks The audit firm has provided excellent service for the past three years, and staff is recommending extending the option for two additional years. 061) LAM AMENDMENT "#1" TO CONTRACT 2717 LANCE, 5OLL & LUNGHARD This Amendment #1 to Contract Number 2717 between the City of El Segundo and Lance, Soli & Lunghard dated August 17, 1999 shall extend the term of the Contract until September 30, 2003 or upon completion of the project, whichever should occur first All terms and provisions of the Contract, which are not inconsistent, or in conflict with this Amendment #1 shall remain in full force and effect and neither party waives any rights it may have IN WITNESS WHEREOF, the parties hereto have executed this Amendment #1 the_ day of 2002. CITY OF EL SEGUNDO LANCE, SOLL & LUNGHARD Mayor ATTEST City Clerk Risk Management PSA 2941 Amendment 1 Extension - Attachment Name, Title 0 6 C 13 EL SEGUNDO CITY COUNCIL AGENDA REM STATEMENT ! MEETING DATE: September 3, 2002 AGENDA HEADING: Consent Agenda Consideration and possible action regarding a proposed revision to the class specification of the lob classification of Wastewater Supervisor RECOMMENDED COUNCIL ACTION: 1) Approve the proposed revision to the class specification. 2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION* The Human Resources Division Initiated the recruitment process designed to fill the vacant Wastewater Supervisor position on March 18, 2002 To date only a limited number of qualified Individuals have submitted employment applications The Public Works Department is recommending that the current "Licensing /Certification Requirements" section be modified so that the requirement for possession of a "Grade III Wastewater Certificate', which allows a person to work at a wastewater treatment plant, be changed to a "Grade it Collection Certificate ", which allows a person to work on lift stations and wastewater pipes This will allow the City to attract a larger pool of candidates to select from and still hire a fully qualified Individual The certification Is issued by CWEA, the California Water Environment Association ATTACHED SUPPORTING DOCUMENTS. Revised Wastewater Supervisor class specification FISCAL IMPACT None Operating Budget Amount Requested Account Number Project Phase Appropriation Required: _Yes X No Bret M Plumiee. Director of ,;6";11 City of El Segundo, CA Job Description Job Code: 1420 WASTEWATER SUPERVISOR Definition: Under general supervision, plans and supervises the daily operations of the Wastewater Division, supervises City sewer and stone drain collection systems, pumping and equipment maintenance operations Essential Functions: Essential functions, as defined under the Americans with Disabilities Act, may include the following duties and responsibilities, knowledge, skills and other characteristics This list of duties and responsibilities is ILLUSTRATIVE ONLY, and is not a comprehensive listing of all functions and tasks performed by positions in this class Characteristic Duties and Responsibilities: Plans, schedules, supervises, monitors and inspects the safe installation, maintenance, operations and repair of the City's pumping stations, sewer mains, storm drain systems, sewer facilities and equipment, the sewer and storm dram collections systems, telemetry systems; the testing and repair of meters, emergency repair work Administers applicable wastewater and storm drain programs attending meetings, writing reports, making recommendations to the Public Works Director and working with regulatory agencies Complies with State and Federal regulations regarding wastewater system operations, insures all maintenance and repairs on all facilities and equipment are performed; inspects the work of contractors, insures necessary material, supplies and equipment are available through inventory management Responds to citizen complaints and determines appropriate corrective action; coordinates activities with other City staff in resolving complaints. Reviews plans, specifications and blueprints for proposed development to insure compliance with City rules, policies and code regulations, communicates with engineering staff and inspectors Reviews wastewater and storm drain sampling lab reports, makes recommendations for corrective action as necessary Maintains records and logs of work performed, equipment and staffing usage, prepares reports; prepares and administers the Wastewater Division budget Recommends hiring, trains, assigns, reviews and evaluates work of assigned staff, initiates corrective and/or disciplinary action; responds to grievances; initiates termination following established personnel policies and procedures and in consultation with the Public Works Director and Human Resources PSPC 1 10/99 'i5 Vi Wastewater Supervisor Knowledge, Skills and Other Characteristics: Knowledge of Federal, State and City rules, regulations, policies and procedures related to water systems construction and maintenance Knowledge of general construction, maintenance and repair procedures for wastewater systems Knowledge of equipment capabilities, limitations and safe operating characteristics Knowledge of traffic laws, ordinances and regulations relating to the operation of assigned equipment Knowledge of OSHA safety standards related to all aspects of related public works projects Knowledge of methods of collection and preserving wastewater samples and evaluating lab reports Knowledge of wastewater systems record keeping Knowledge of principles and practices of supervision. Skill in reviewing, monitoring and prioritizing the maintenance /repair of municipal wastewater systems Skill reading blueprints and maps Skill responding to public works emergencies Skill in maintaining records and preparing reports Skill preparing budgets Skill supervising, training, evaluating and motivating employees. Skill utilizing public relations techniques in responding to inquiries and complaints Skill in establishing and maintaining effective working relationships with other department staff, other City employees and the public Workine Conditions: Regularly exposed to vehicular traffic. Regularly exposed to sounds and smells associated with equipment and materials Occasionally may work in confined spaces, to close proximity to electrical, noise and mechanical hazards Licensing/Certification Requirements: A valid California driver's license Roddmg Machine Certification Grade H! Wastewmer Genifieme Grade II Collection Certificate, issued by CWEA. Minimum Qualifications: Graduation from high school or GED and four (4) years increasingly responsible experience in wastewater and storm drain systems including one (1) year supervisory or related lead work experience, or an equivalent combination of education and experience PSPC 2 10199 M C., 6 J At , lu EL SEGUNDO CITY COUNCIL MEETING DATE: September 3, 2002 AGENDA ITEM STATEMENT AGENDA HEADING: CONSENT AGENDA DESCRIPTION: Consideration and possible action regarding an agreement extension with Ron Rakich & Associates for completion of risk management services RECOMMENDED COUNCIL ACTION: 1) Authorize City Manager to execute Amendment #1 to extend current Professional Services Agreement with Ron Rakich & Associates through December 31, 2002, 2) Carry over remaining FY 2001 -2002 funding, 3) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION: Last November, City Council authorized the City Managerto enter into a Professional Services Agreement with Ron Rakich and Associates for risk management consulting services for a one -year period The agreement that was entered into is scheduled to terminate on September 30, 2002 Services performed under this agreement began in early January 2002 and are still on -going As staff begins its second year of the risk management program this request is to extend the current agreement through the end of December 2002 for completion of tasks already underway as outlined in the Armtech Risk Management study Staff is planning to bring an overview and evaluation of the risk management pilot program to City Council on September 17, 2002 ATTACHED SUPPORTING DOCUMENTS: Amendment #1 to contract #2941 FISCAL IMPACT: Operating Budget: $65,000 Amount Requested: $65,000 Account Number* 001-400- 2501.6214 Project Phase: Authorize City Manager to extend agreement Appropriation Required: —Yes X No ORIGINATED BY: DATE: �?12 7/� L Bret M Plumlee, Director Administrative Services REVIEWED BY: DATE: Ma S n, City Manager 77.12 AMENDMENT "#1" TO CONTRACT 2941 RON RAKICH & ASSOCIATES This Amendment #1 to Contract Number 2941 between the City of El Segundo and Ron Rakich & Associates, dated November 8, 2001 shall extend the term of the Contract until December 31, 2002 or upon completion of the project, whichever should occur first All terms and provisions of the Contract, which are not inconsistent, or in conflict with this Amendment #1 shall remain in full force and effect and neither party waives any rights it may have IN WITNESS WHEREOF, the parties hereto have executed this Amendment #1 the_ day of 2002 CITY OF EL SEGUNDO RON RAKICH & ASSOCIATES City Manager Name, Title ATTEST City Clerk City Attomey Risk Management PSA 2941 Amendment 1 Exterew- Adadwwtdoc 07 EL SEGUNDO CITY COUNCIL AGENDA REM STATEMENT MEETING DATE: September 3, 2002 AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding the Issuance of a Request for Proposal (RFP) to obtain an update of the El Segundo Fiscal Impact Model (ESFIAM), a subsequent analysis of the fiscal impact of private development on Area A of the Los Angeles Air Force Base using the updated ESFIAM; and, authorization to secure the services of bond counsel RECOMMENDED COUNCIL ACTION: 1 Authorize staff to issue a Request for Proposal (RFP), 2 Authorize staff to secure services of bond counsel, Alternatively discuss and take other action related to this item BACKGROUND 3 DISCUSSION: In 1986, the firm of Planning Consultants Research developed ESFIAM, a spreadsheet based computer model, so that City staff could determine the net fiscal impact of development projects. Staff has revised various revenue assumptions over the years, but a systematic review of the City's cost factors has not been performed since the model was developed In order to accurately ascertain the fiscal impact of future projects, ESFIAM should be updated The consultant will also be asked prepare an analysis of the development proposed for Area A of the Los Angeles Air Force Base (LA AFB) because of the level of detail and accuracy that will be required should the City be asked to provide financial assistance to the project Staff also requests the authority to secure the services of bond counsel regarding procedural issues related to providing financial assistance to the project The funding source for this project was included in the department's budget for this fiscal year in anticipation of the need to examine the financial impact of the LAAFB project However, staff will work to recover the cost of the fiscal analysis from the selected developer or from other project source such as bond proceeds, if possible ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Operating Budget: $40,000 Amount Requested: NIA Account Number, 2401 -6214, 2402 -6214 Project Phase: NIA Appropriation Required, _ Yes _X _ No ORIGINATED BY. DATE: r r i e' /Z7l�L James M 1 rarisen, Director of Community, Economic and Development Services Mary Stre City Manager /� U7- 1 .q 97i M EL SEGUNDO CITY COUNCIL MEETING DATE- September 3, 2002 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION* Consideration and possible action regarding the distribution of a Request for Proposal (RFP) to update the City of El Segundo's Circulation Element of the General Plan and prepare an Environmental Impact Report RECOMMENDED COUNCIL ACTION 1 Provide comments and /or direct staff to distribute an RFP for the Circulation Element update process, or, 2 Provide direction to staff on a different scope of work forthe Circulation Element update process, or, 3 Alternatively, discuss and take other actions related to this item BACKGROUND & DISCUSSION On August 6, 2002, the City Council reviewed possible tasks for inclusion in the scope of work for an update to the Circulation Element The Council directed staff to prepare an RFP fortheir consideration, based on a scope of work that was reviewed at that meeting. Briefly, the key provisions which the Council directed staff to include into the RFP included conversion of the Nash /Douglas one -way couplet to two -way operation, elimination of unbuilt planned streets from the current Master Street Plan, and the evaluation of three floor area ratio (FAR) scenarios (0 8, 1 0, and 1 3) as well as a range of FARs in the Mixed -Use North and South Zones ATTACHED SUPPORTING DOCUMENTS A Draft Request for Proposal B City Council Staff Report — August 6, 2002 (with Decision Tree exhibit only) FISCAL IMPACT Operating Budget: N/A Amount Requested* $250,000 (see note below) Account Number 001 - 400 - 2402 -6214 Project Phase N/A Appropriation Required: X Yes —No Appropriation of $250,000 has been requested through FY 200212003 budget process (If a Land Use Element revision is included, the cost may increase between $20,000 and $40,000) James( M Hansen, Director of Community, Economic and Development Services REVIEWED BY DATE Mary Str n, City Manager q/L 07- 4 STAFF REPORT: September 3, 2002 BACKGROUND & DISCUSSION: (cont.) Page 2 At the August 6, 2002 Council meeting, staff prepared a summary of written comments /suggestions that emanated from two public scopmg meetings on the Circulation Element process Staff also presented options addressing special areas of study for the Circulation Element (i.e. Nash /Douglas couplet, street extensions, etc.) Recommendations on methodological Issues (i.e. growth rates, buildout year, etc) and options for addressing potential FAR revisions to the Land Use Element of the General Plan were prepared as well Staff also presented suggestions for the public participation portion of the Circulation Element update process In order to ensure that the proposed scope of work In the RFP accurately reflects the consensus of the Council from the August 6, 2002 meeting, staff has outlined below the key provisions which are Included These have been Incorporated as specific tasks In the scope of work In the attached RFP • Evaluate feasibility and circulation Impacts of converting the existing Nash /Douglas one - way couplet to two -way traffic operation • Evaluate Impacts of elimination of street extensions, Including but not limited to, Grand Avenue, Nash Street and Manposa Avenue Identified In the present Circulation Element. • Run the traffic model to forecast future traffic for the City using an FAR of 0.8, 1.0, and 1 3 in the MU zones or nun the traffic model to forecast a range of FARs from 0.8 to 1.3 • Specifically give the cost differential, If any, between these two traffic models Other components of the scope of work are outlined on page 2 of the RFP The scope of work also Includes the preparation of an Environmental Impact Report to evaluate the potential environmental Impacts of the projects Upon approval by Council, staff will distribute the RFP to traffic engineering and environmental firms Responses will be due on September 20, 2002. Staff will review the proposals, Interview three finalists and forward a recommendation to Council for selection by October 15th, If possible P \Planning & Building Safety\PROJECTS\576- 599 \EA - 579 \93-02 ais rip doc 074 CITY OF EL SEGUNDO REQUEST FOR PROPOSAL Revised Circulation Element And Environmental Impact Report This is a Request for Proposal (RFP) to update the City of El Segundo's Circulation Element of the General Plan and prepare an Environmental Impact Report The city is seeking an experienced, innovative consulting firm or team with extensive experience in preparing Circulation Elements and Environmental Impact Reports Backqround The Circulation Element was adopted in 1992 as part of a major revision of the entire General Plan Since that time, major development has occurred within the city including the building of 2 5 million square feet of commercial, office and industrial development Changes have also occurred in local and state congestion and transportation planning practices These include changes to the projected levels of service and traffic volumes, and changes in regional transportation requirements (i a the Congestion Management Plan) Background of El Segundo The City of El Segundo was incorporated in 1917 El Segundo is considered part of the South Bay subregion in the southwestern edge of the Los Angeles Coastal Basin Downtown Los Angeles is about 20 freeway miles from El Segundo The city has 5 46 square miles with a resident population of 16,033 according to the 2000 census The daytime population is approximately 75,000 All of the residential population is west of Sepulveda Boulevard The office /industrial /commercial area east of Sepulveda Boulevard represents Fortune 500 companies and a range of businesses including aerospace, computer related companies and travel related companies Development east of Sepulveda Boulevard has been very active Over one million square feet of office development has been completed within the last year A 2 1 million square foot corporate campus project has recently been approved Scooe of Work Circulation Element The intent of the update process is to produce a Circulation Element that is more reflective of the current circulation and development patterns of the city The policies should be oriented towards a well - balanced, coordinated transportation system that reduces dependence upon the automobile while still providing access for residents, employees and visitors to the city The Circulation Element should set out goals and policies which will provide for alternative forms of transportation including, but not limited to bicycle, pedestrian and transit facilities while remaining sensitive to impacts in the residential neighborhoods, business areas, and accounting for the impact of new development on the community The Element should also consider current future technology to increase capacity of existing streets and reduce congestion The city seeks creative solutions to the city's future traffic demand 1 G7;� 41 The Circulation Element must be prepared in compliance with Section 65032(b) of the State Government Code The Element shall address the extent of existing and proposed major thoroughfares in relationship with the city's Land Use Plan, Capital Improvement Program, transportation routes and modes, and planned development The update of the Circulation Element should consider revising or creating goals, policies and objectives covering the following areas • Auto, pedestrian, bicycle and transit policies • Regional transportation opportunities • Truck routes Parking including public parking in the Downtown • Acceptable levels of service • New technology • Alternative fuel vehicles • Transportation management techniques • Analysis of accessibility to transportation for city residents, including low income, elderly and disabled persons • Transit services including shuttle programs • Creative methods to mitigate traffic and increase the capacity of the existing roads • Significance thresholds for CEQA Compliance Required Tasks • Evaluate feasibility and circulation impacts of eliminating the existing Nash /Douglas one- way couplet and return streets to two -way traffic • Evaluate impacts of elimination of street extensions including but not limited to, Grand Avenue, Nash Street and Manposa Avenue identified in the present Circulation Element • Identify assumptions to be used in the traffic model. These should include but not be limited to build out year, percentage of development per year, percentage of ambient growth per year. These assumptions must be documented and approved by the City Council prior to beginning the analysis. • Complete update of maps including major circulation proposals, functional classification of streets, public transportation, bicycle routes, and current capacity of streets • Determine the amount of vacant and underdeveloped land • Separately determine the amount of vacant and underdeveloped land in the MU zone • Estimate the trip generation potential of vacant and underdeveloped land, approved projects (including El Segundo Corporate Campus), pass through traffic and traffic generated from the future LAX expansion, the Playa Vista Project, the Air Force Base Protect and other planned projects • Run the traffic model to forecast future traffic for the city using an FAR of 0 8, 1 0, and 1 3 in the MU zones or run the traffic model to forecast traffic for a range of FARs from 0 8 to 1 3 in the MU zones (In the budget, specifically give the cost differential, if any, between these two traffic models ) • Address impacts and mitigation measures regarding high volume traffic flow, parking access as it relates to emergency equipment and vehicles Review relevant circulation studies and recent data from all sources Document the existing traffic volumes -to- capacity on major roadways 2 13 076 • Survey and document existing land configurations, right -of -way widths, roadway capacities level of service (LOS) for approximately 60 intersections, traffic control devises, speed limits, truck routes, bus routes (Torrance Transit, MTA, MAX Transit System, Lunchtime Shuttles, and Dial -a- Ride), bicycle routes and pedestrian routes both existing and proposed • Develop traffic forecasts for roadway segments and approximately 60 intersections • Identify protected roadway deficiencies and recommend improvements attainable within the next 20 years Identify possibilities for synchronization of signals and other technologically advanced systems • Identify possible truck route modifications • Identify major traffic accident locations • Identify parking needs for Downtown and alternative solution • Review and incorporate capacity enhancements of El Segundo ITS protect • An Implementation Plan must which translates the policies into actions, sets a time frame for these actions to occur and discusses financing methods Environmental Impact Report The consultant is to prepare an EIR for the Specific Plan The EIR must meet all the requirements of State law and include at a minimum • Preparation of Draft Initial Study and NOP • EIR Notices • Preparation of Administrative Draft and Draft EIR • Preparation of Administrative Final and Final EIR • Mitigation Monitoring • If necessary, Findings of Fact as well as a Statement of Overriding Considerations The following environmental issues should be reviewed and analyzed • Transportation /traffic • Air Quality • Noise • Geology and Soils • Hydrology/Water Quality • Land Use and Planning • Aesthetics • Public Services • Utility and Service Systems • Hazards and Hazardous Materials Deliverables Consultant will be responsible for all mailing including the NOP, Draft EIR and Final EIR The following deliverables and quantities should be included in the proposed cost • Administrative Draft Existing Conditions Report/Traffic Study — 6 copies • Final Existing Conditions Report/Traffic Study • Administrative Draft Circulation Element — 6 copies U7 1, • Draft Circulation Element – 60 copies plus one camera ready copy, one electronic copy in Adobe Acrobat (PDF) format and one electronic copy in Microsoft Word 97 format • Final Circulation Element – 50 copies • Administrative Draft EIR –6 copies • Draft EIR –75 copies plus one camera ready copy, one electronic copy in Adobe Acrobat (PDF) format and one electronic copy in Microsoft Word 97 format Final EIR -50 copies plus one camera ready copy, one electronic copy in Adobe Acrobat (PDF) format and one electronic copy in Microsoft Word 97 format Proiect Coordination /Public Participation At a minimum there will need to be monthly meetings with staff to monitor progress plus 2 -3 hearings before the Planning Commission and 2 -3 meetings before the City Council In the budget provide as an option the cost for community workshops Budget The proposed budget must be listed by task, hours and costs List separately the cost of additional traffic model runs including analysis and reports, the cost of a Land Use Element update if required to implement FAR changes and the cost of additional meetings The cost of the Land Use Element should include the cost of the deliverables and additional analysis for the EIR The contract will be a time and material contract with a not to exceed budget Contract A copy of the City's standard contract has been provided as an attachment The consultant should describe any exceptions being requested to the standard contract in the proposal Proposal Requirements The proposal should include at a minimum, the following information • Protect experience • References including current telephone numbers • Proposed approach • Scope of work • Organization chart • Resumes • Sub- consultants and qualifications • Timeline • Budget Selection Process All proposals will be evaluated by staff on the overall quality of the proposal, qualifications of the staff and firm and the experience with Circulation Elements and EIRs The top three consultants will be invited to make an oral presentation References will be checked The final consultant selection will be made by the El Segundo City Council 4 - *Y Resources Available The City of El Segundo has several resources available to assist the consultant with the preparation of the element These include • Statewide Integrated Traffic Accident Record System data for 1997 • Citywide Speed Zone Survey (dated 1995) (Includes speed surveys for all major streets • Citywide Traffic Counts (1998 -2001) (Includes traffic counts for all major streets) The city will require new traffic counts for roadway segments and approximately 60 intersections • City of El Segundo General Plan —1992 • City of El Segundo General Plan — Existing Conditions Report — April, 1992 • Evaluation of Traffic Congestion Mitigation Fee — March 19, 1996 • EIR for El Segundo Corporate Campus — December, 2001 • Draft EIR for the Air Force Base Reuse Project — September, 2002 Submittal Deadlines Five copies of the written proposals are due by September 20, 2002 at 5 PM The proposal should be addressed to James Hansen, Director of Community, Economic and Development Services City of El Segundo 350 Main Street El Segundo, CA 90245 By submitting a response to this Request for Proposal (RFP), prospective consultant waives all rights to protest or seek any legal remedies whatsoever regarding any aspect of this RFP The City reserves the right to issue written notice to all participating firms of any changes in the proposal submission schedule, should the City determine in its sole and absolute direction that such changes are necessary Acceptance of any proposal submitted pursuant to this RFP shall not constitute any implied intent to enter into a contract for consulting services The City reserves the right to reject any and all proposals Questions concerning this RFP should be directed to Paul Garry, Project Manager 310 -5 ?4 -2342 Chris Ketz, Planning Manager 310- 524 -2340 P \Planning & Building Safety\PROJECTS\576- 599\EA- 579 \REQUEST FOR PROPOSAL doc 079 U EL SEGUNDO CITY COUNCIL MIM- MIG DATE: August 6, 2002 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Consideration and possible action regarding revisions to the Circulation Element and possibly the Land Use Element of the General Plan. RECOMMENDED COUNCIL ACTION: Direct staff to issue a Request for Proposal (RFP) for a consultant team to prepare an update to the Circulation Element which includes the conversion of the Nash - Douglas couplet to two -way operation; an evaluation of the impacts of the elimination of unbuilt street extensions; or, 2 Direct staff to issue an RFP for a consultant team to prepare an update to the Circulation Element which includes the conversion of the Nash - Douglas couplet to two-way operation; an evaluation of the impacts of the elimination of unbuilt street extensions; study three scenarios for revisions to the Floor Area Ratios permitted in the Land Use Element; or, 3 Alternatively, provide direction to staff on a different scope of work for the Circulation Element update process. BACKGROUND & DISCUSSION: On October 16, 2001, the City Council edopted the recommendation of the Circulation Element Task Force to discontinue the update of the Circulation Element after a three -year effort fell short of gaining consensus on several key issues The Council also directed staff to initiate a new process, beginning with a development of a scope of work, a budget appropriation, selection of a new consultant, and assumptions for changes to the current Circulation Element. (Continued on next page...) ATTACHED SUPPORTING DOCUMENTS: A. Circulation Element Decision Tree B Scoping Meeting Written Correspondence C. Summary of Public Comments Received at the Scoping Meetings D Memo from City Attorney, Mark Hensley FISCAL IMPACT. Operating Budget* NIA Amount Requested. 5250,000 (see note below) Account Number: 001. 400,24024 214 Project Phase. NIA Appropriation Required: X Yes _ No Appropriation of $250,000 has been requested through FY 20022003 budget process. (If a Land Use Element revision is included, the cost may increase between $20.000 and 540.000) k4-S , James M Hansen, Di REVIEWED Mann, City zkoz 2 lu 61 81, STAFF REPORT August 6, 2002 Page 2 BACKGROUND & DISCUSSION (cont.) On May 7, 2002, the City Council directed staff to conduct a "scoping" meeting with residential and business stakeholders In the City to seek Input on the Issues which should be addressed In the new Circulation Element update process. Staff conducted a workshop on June 5, 2002, and held a second one on June 25, 2002, at the request of the public Approximately 40 people attended the two meetings Staff requests that Council provide direction on the scope of work of the proposed Circulation Element update, discuss the specific components of the scope of work, approve a funding source, and Initiate the request for proposal (RFP) process. Staff has revised the Circulation Element "Decision Tree" (Exhibit A) that was Included In the May 7, 2002, staff report to identify the key areas in which Council direction is needed in order to complete the scope of work forthe RFP The "Deciiion Tree" and discussion below is organized to facilitate the ability of Council to provide direction to the staff on the topics of Assumptions, Methodology, and Public Participation. Summary of Scoaing Meetings At the two public scoping meetings, staff provided background information On the previous Circulation Element update process, identified the key traffic issues which were previously studied; described some of the important assumptions that would need to be reviewed (i.e., build -out year, construction of planned roadways, floor area ratio changes, etc.); and, facilitated a discussion of the topics which were of interest by the participants in the workshops Staff did not attempt to seek consensus from all the parties present on the courses of action to take, but made notes of the topics which were brought up. In support of these positions, four parties also submitted written comments /suggestions which are attached for Council consideration (Exhibit 13) Attached (Exhibit C) is a list of suggestions from business representatives and residents that attended the two workshops. Scope of Work Considerationst On May 7, 2002, staff provided background Information to the Council on the previous Circulation Element and suggested a few Important Issues that should be addressed In order to prepare a scope of work for an RFP such as deletion of certain unbuilt streets, Nash - Douglas one -way couplet, etc These issues would affect the scope of work, cost, and length of time necessary to carry out the project 1 When reviewing the potential scope of work, it is important to keep in mild that action is not required on any particular suggestion at this time Many of these items can be reviewed in more detail during the update process. Broadly speaking, support for inclusion of FAR changes was from participants from the residential cOMMUM-ty 0 8 STAFF REPORT August 6, 2002 Scope of Work Considerations — cont. Assumptions Page 3 Identification of the number and types of special areas of study (i e., one -way couplet, street extensions, etc.) that would be included in the scope of work Since each of these types of study areas requires additional traffic modeling in order to determine the level of service impacts associated with each, the number of topics which need quantitative analysis would affect the overall budget Staff suggests that there is sufficient community consensus to restudy the impacts of converting the Nash - Douglas one -way couplet to two -way operations and to evaluate the elimination of several unbuilt street extensions as part of the scope of work. Methodology Any analysis of future traffic growth and impacts requires that a certain number of assumptions be made to predict traffic growth, distribution, and future traffic patterns. There are a great number of assumptions regarding the planning time frame forthe project and growth factors, among other things, that can impact the scope of work and the RFP. Council direction on these types of assumptions will assist staff in developing the scope of work and budget forthe new Circulation Element update. Staff recommends that the scope of work include a study of the impacts of different assumptions and that the Council not decide on particular assumptions at this time. As depicted in the attached "Decision Tree ", addressing potential modifications to permitted FARs in the Land Use Element of the General Plan is important for determining the overall length of time to complete the update process. Equally important in coming to a decision regarding the study of FAR changes is direction on how many different density scenarios should be analyzed Assessing the impact of different buildout densities requires separate traffic model runs which again impacts the potential overall budget of the project. Staff recommends that if the Council consensus is to study revisions to FARs in the land Use Element, that at least three different scenarios be included for budgeting purposes. It is important to note that when weighing the decision to study density changes, the previous Circulation Element traffic analysis found that much of the traffic growth in the future would come from "pass -thru" traffic from other communities which would not be reduced by modifications to FARs in El Segundo. Additionally, as less vacant land is available for development than in the past, potentially reduced FARs might not impact as many future developments as were impacted many years ago when the City was less developed. Public Participation At the conclusion of the previous Circulation Element update process, the Council indicated a desire to expand public participation and possibly establish a task force or advisory committee that would be included from the beginning to afford more community input G 8., STAFF REPORT August 6, 2002 Page 4 Scope of Work Considerations — cont. There will be a public outreach component to the consultant contract. In addition, there will be public Input throughout the review process, including public hearings conducted by the Planning Commission and City Council. However, if the City Council would like to have a task force as part of the public outreach program, staff would recommend that a public outreach consultant be hired as part of the consultant team. Both representatives from the residents and business owners should be on the task force. Staff recommends that the task force have a limited number of participants (i.e 10) and there should be a specific number of meetings Included in the scope of work Staff is suggesting that this effort be limited to four task force meetings and a general public workshop. In order to complete the project within 18 months, the time spent on task force meetings should be limited to the initial months. The task force could review and make recommendations to the Council on the proposed technical assumptions, and possible FAR study scenarios. Staff suggests that once agreement is reached on these types of assumptions and approved by the City Council, the consultant prepare the Circulation Element and Land Use Element, and necessary CEQA documents. A public outreach consultant would be responsible for conducting the meetings and preparing summaries of the results. The cost of this consultant would be included in the proposed $250,000 budget. Budget There is currently no appropriated budget for a new Circulation Element update process. The cost would be influenced by the direction Council desires with respect to incorporation of density changes, the public participation process and other possible tasks. In the proposed FY 2002/2003 budget, staff has requested a budget appropriation of approximately $250,000 for the Circulation Element update and EIR. Since the exact cost of the project cannot be determined until direction is given to staff on the scope of work (because it may include a Land Use Element update as well), staff suggests that the $250,000 already requested be budgeted for the project. When the proposals come back from the consultants, staff will return to the City Council with a request for a budget adjustment, if necessary. Attached (Exhibit D) is a memo from the City Attorney, which provides an overview of legal Issues concerning revisions to the Circulation and Land Use Elements. P \Planning 8 Budding Safety\PROJECTS1576- 5991EA- 57916- 6- 02.ass -2a doc t�O.i 4 EXH Brf A Circulation Element Update Decision Tree Determine Assumptions Determine which special study areas to include in Circulation Element Scope of Work (i.e., reversing Nash - Douglas One -way Couplet, deleting roadway extensions, revise bike routes, Smoky Hollow, revise truck routes) Circulation Element Methodology Determine technical approach (i.e., Horizon Date, Cumulative Projects, Ambient Growth %, Traffic Distribution, Undeveloped land) Public Participation Determine format for public parttciation Analyze traffic impacts of Scope of Work Prepare EIR 12 -15 Months Land Use Element Determine if modification to FARs in Land Use Element will be included in scope of work Land Use Element Methodolodgy Determine the number of FAR scenarios to study Schedule 12 -18 Months 08 . It EL SEGUNDO CITY COUNCIL MEETING DATE: September 3, 2002 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding approval of a resolution of the City Council of the City of El Segundo amending Resolution No 4257 to provide for street sweeping on Grand Avenue (between Main Street and Richmond Street) RECOMMENDED COUNCIL ACTION, Recommendation — (1) Adoption of resolution, (2) Authorize the Mayor to sign the resolution, (3) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION. On April 16, 2002, the City Council adopted Resolution No 4257 which provided for street sweeping parking regulations for Grand Avenue, between Eucalyptus Drive and Concord Street These regulations prohibited street parking in this section of Grand Avenue (Monday through Friday), between 5:00 a.m. and 7:00 a.m. for the curbsides, and between 8.00 a.m. and 9.00 a m for the center islands (Background and discussion continued on the next page ..) ATTACHED SUPPORTING DOCUMENTS Resolution for adoption FISCAL IMPACT* None Operating Budget Amount Requested Account Number. Project Phase Appropriation Required- ORIGINATED BY- DATE: August 27, 2002 Andres Santamana, Director of Public Works REVIEWED BY DATE. Mary Stre City Manager 20020907 Street Sweeping Grand Avenue Reeoluwn No 4257 U8:t15 BACKGROUND & DISCUSSION (continued) Subsequent to posting of the "NO PARKING" signage, concerns were expressed by a business on Grand Avenue, between Main Street and Richmond Street, that the signage eliminated street parking for its customers, between 6:00 a m. and 7:00 a.m. Pursuant to subsequent discussion with the business owner, it was proposed that the parking prohibition for Grand Avenue for both the curb sides and the center island, between Main Street and Richmond Street, be modified to between 5:00 a.m. and 6:00 a.m. — Monday through Friday. The enclosed resolution, after adoption, will authorize the above modification in the current parking regulations 20020903 Sveef Sw ng GmW Av a Rdd W No 4257 ,, 8 I , RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NO. 4257 REGARDING DAILY STREET SWEEPING ON GRAND AVENUE AND RICHMOND STREET The City Council of the City of El Segundo resolves as follows Section 1: Sub - section 1 4 of the No Parking Street Sweeping Schedule in Resolution No 4257 is amended to read as follows "Sub- section 1 4 77 Grand Avenue. Eucalyptus Drive to Main Street and Richmond Street to Concord Street (a) north and south curbside, 5.00 a m — 7 00 a.m — Monday through Friday (b) center island curbs 8 00 a m — 9.00 a.m — Monday through Friday Grand Avenue Main Street to Richmond Street north and south curbsides and center island, 5 00 a.m to 6.00 a.m , Monday through Friday Section 2• This Resolution will become effective immediately upon adoption and will remain effective until superseded by subsequent resolution or ordinance PASSED, APPROVED AND ADOPTED this 3`d day of September, 2002. Mike Gordon, Mayor Ma;arl D. en�E By H Berl Assistant Cil REEO.UTIONS %DAILY STREET SWEEPING ON GRAND AVENUE NO .25' (%�( LA CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of Ell Segundo, California, DO HEREBY CERTIFY, that the whole number of members of the City Council of said City is five, that the foregoing resolution, being RESOLUTION NO was duly passed and adopted by 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 3rd of September, 2002 and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTENTION NOT PARTICIPATING WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 3d day of September, 2002, ATTEST: Cindy Mortesen City Clerk RESCLUTION=AILY STREET S EFNG ON GRLNO AVENUE NO IMI EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION* MEETING DATE: September 3, 2002 AGENDA HEADING: Consent Agenda Consideration and possible action to authorize an advance payment of $35,000.00 to Southern California Edison Company (SCE) forthe design and relocation of SCE facilities in conjunction with the Douglas Street Gap Closure Project. Approved Capital Improvement Program - (estimated cost = $35,000.00). RECOMMENDED Recommendation — (1) Authorize staff to make a payment of $35,000.00 to SCE, (2) Alternatively discuss and take other action related to this item The design of the Douglas Street Gap Closure Project is currently in progress The design consultant, Parsons Transportation Group, has discussed the project with SCE and other utility companies that currently have facilities within the fob site that need to be relocated prior to start of construction of the gap closure /railroad grade separation work. All of these agencies have indicated that the cost of design and construction of the relocation work should be bome by the project budget. Currently, staff is reviewing draft agreements proposed by some of the utilities for approval by the City before they can commence design effort on the relocation work These agreements will be submitted to the City Council for consideration after review by the City Attorney SCE has required an advance payment of $35,000 00 to commence their design effort Actual final costs will be determined after the completion of the design and relocation of SCE facilities In October, a full status report on this project will be presented at a Council meeting ATTACHED SUPPORTING DOCUMENTS: Letter dated F,ugust 1, 2002 from SCE FISCAL IMPACT Capital Improvement Program $1,600,000 00 Amount Requested $ 35,000 00 Account Number 301 -400- 8203 -8949 Project Phase: Under design Appropriation Required. No ORIGINATED BY- DATE: August 27, 2002 Andres Santamana, Director of Public Works REVIEWED BY L� DATE: Strenn, C AL-71'.L- 2002D903 Payment to Edison — Douglas Street Prolect L�� 16 13 soUffiERN CAUiORNIA EDISON' An EDISO% ] %TER\ ATIOV41 CMW City of El Segundo Public W orks Department 350 Main Street El Segundo, CA 90245 -3895 Attention Bellur K Devarali Subject Relocation of SCE Electrical Facilities Douglas Street Extension & Grade Separation Project El Segundo, Los Angeles County CRE File No REL0257589 RECEIVED AUG 7 2002 PUBLIC WORKS ENGINEERING August 1, 2002 Tors letter is in response to the City of hl Segundo's request for assistance in the design and relocation of Southern California Edison Co (SCE) facilities, with respect to the above referenced project In order to continue to process your request in a timely and efficient manner, SCE requires the following I An engineering advance in the amount of $35,000 00 made payable to "Southern California Edison Company," forwarded to the attention of Steven Alford, at the above address Please write "CRE File No REL0257589" on the check Note The engineering advance is required prior to SCE continuing with the relocation review and design work for the proposed development, the advance will be credited towards the total cost of the facility relocation project However, if the project is canceled, SCE will deduct from the engineering advance any expenses incurred in connection with the facility relocation project before issuing a refund of the engineering advance 2 Constmcuon schedule for all phases of the project 3 Final approved plans for the project, the plans trust show the location of SCE's existing electrical facilities, and all Improvements (existing and proposed) within SCE's fee owned property Note As previously agreed SCE is performing a prelimmary review of the 65% plans that were submitted by Parsons Transportation Group (PTG), and will forward preliminary design and cost estimates to you and PTG The preltminary design and cost estimates are to be considered preliminary and subject to modification, based upon changes and additional information as they are received by SCE from PTG I will coordinate and manage SCE's processes for the portion of the project that affects SCE's fee owned propem I will contact you with the results of the review of the 65% plans when they are completed Bill Bradshaw of SCE's Dismbunon Engineering Group will coordinate and manage SCE's processes for the dismbunon facilities affected by this project Bill will contact you with his results when he completes his review of the 65% plans Please contact me at seven alfordai,sce com or (714) 895 -0331 if you have any questions or require assistance Also, please notify me immediately if the project is canceled of delayed for any reason, or if there are changes in project plans or project schedules Thank you fm your patience and cooperation in this matter Respects ohy St en K Alford ght -of -Way & Land Agent 14 7 QQ Chestnut Si Page 1 of 2 V estmmste CA 92663 1 } EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE- September 3, 2002 AGENDA HEADING' Consent Agenda Consideration and possible action for award of contract to FS Construction for removal and storage of Heritage Stones as part of the Downtown Specific Plan Implementation Approved Capital Improvement Program — Project No PW 02 -17 (contract amount = $38,80800) RECOMMENDED COUNCIL ACTION: Recommendation — (1) Award contract to the lowest responsible bidder, FS Construction, (2) Authorize the City Manager to execute the contract on behalf of the City, (3) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION- On August 6, 2002, the City Council adopted plans and specifications for removal and storage of over 1,000 Heritage Stones on Main Street and on Grand Avenue, within the limits of the project These stones will be stored at the City's Maintenance Facility until such time that they will be installed in their original location (Background & Discussion continues on the next page...) ATTACHED SUPPORTING DOCUMENTS None FISCAL IMPACT Capital Improvement Program, Amount Requested. Account Number: Protect Phase Appropriation Required $3,709,000 00 $ 38,808 00 301 -400- 8201 -8347 Award of construction contract No ORIGINATED BY y_ DATE: August 27, 2002 Andres Santamana, Director of Public Works REVIEWED BY- I- f DATE. Strenn, Ciiy M ger �L �z 20020003 Award Contract - Herdage Stones 17 �e BACKGROUND & DISCUSSION (continued): On August 27, 2002 the City Clerk received and opened the following bids. Name of Comganv Amount of Bid FS Construction $ 38,808 00 Dubois Concrete Cutting $ 39,312.00 Southland Construction $ 45,000.00 Malibu Pacific Tennis Courts, Inc $ 45,360 00 Zondiros Corporation $ 95,195.52 Ryco Construction $176,400.00 Based on the bid opening on August 27, 2002, staff recommends award of contract to the lowest responsible bidder, FS Construction 20020903 Awettl COntraCt - Hentage Stones ti EL SEGUNDO CITY COUNCIL MEETING DATE: September 3, 2002 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action regarding approval of a contract Wdh Motorola for $45,491.88 for the purchase of a radio workstation and software upgrades to the existing radio workstations in the Police Department's Public Safety Communications Center RECOMMENDED COUNCIL ACTION: 1) Waive the formal bidding process perthe Municipal Code 2) Approve and authorize the Mayor to execute a contract between the City and Motorola for the purchase of a radio workstation and software upgrades to the existing workstations in the Police Department's Public Safety Communications Center. 3) Alternatively discuss and take other action related to this Item BACKGROUND & DISCUSSION: The El Segundo Public Safety Communications Center provides emergency police and fire dispatch services for the cities of El Segundo and Hermosa Beach The communication's center currently has five fully functional workstations, which include computer aided dispatching, telephone and radio capabilities There are three additional workstations that are partially functional; lacking radio capability It is requested that $45,491.88 In asset forfeiture funds be approved to add and Integrate necessary radio equipment to make a sixth position fully functional with the existing workstations This would provide the center with an additional fully operational and redundant workstation available for training and back -up purposes. As staffing in the center increases an additional workstation would allow for more than one trainee to be assigned to a specific shift, as well as making a fully operational workstation available In the event of a failure to any of the other workstations This proposal would also upgrade the operating -continued- ATTACHED SUPPORTING DOCUMENTS Product Add -On Agreement Operating Budget Amount Requested Account Number- Project Phase: ORIGINATED: Max Phipps, Lieutenant r 43,550.00 45,491 88 109. 400 - 3105 -8108 (Asset Forfeiture) None No DATE: 8 -27 -02 REVIEWED BY DATE. �7/ OZ Mary Strenn, C Manager s L)93 0 system of the existing workstations and the server to Windows 2000, the proposed new workstation's operating platform Requesting Motorola as a single source relies heavily on its reputation within the market, logistical considerations and history with the City. Motorola designed, provided and installed a major portion of the communications equipment in the dispatch center including the existing radio workstations and are familiar with the design features of the center Additionally, the proposed additional workstation requires integration with existing Motorola equipment, including upgrading firmware in the systems central electronics bank and new server software All supporting documentation has been approved by the City Attorney as to form a PRODUCT ADD-ON AGREEMENT CITY OF EL SEGUNDO Motorola, Inc, a Delaware corporation ( "Motorola "), by and through the United States & Canada Group of its Commercial, Government, and Industrial Solutions Sector ( "CGISS "), and the City of Ell Segundo ( "Customer") enter into this Product Add-on Agreement and System Technology Services (the "Agreement"), effective as of the last date signed below (the "Effective Date "), pursuant to which Customer will purchase and Motorola will provide Customer with a Communications System Section 1 EXHIBITS The Exhibits below are hereby incorporated into and made a part of this Agreement In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement will take precedence over the Exhibits and any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below Exhibit A Motorola software license agreement ( "Software License Agreement") Exhibit B Motorola equipment list ( "Equipment List"), upgrade description, and statement of work ( "SOW "), dated May 1, 2002 Section 2 DEFINITIONS Capitalized terms used in this Agreement and not otherwise defined within the Agreement have the following meanings "Equipment" is the equipment specified in the Equipment List included in Exhibit B "Motorola Software" is software whose copyright is owned by Motorola "Non- Motorola Software" is software whose copyright is owned by a party other than Motorola "Software" includes Motorola and any Non - Motorola Software that may be furnished with the Communications System Section 3 SCOPE OF AGREEMENT A SCOPE OF WORK Motorola will provide, ship, and install the Equipment, and perform its other contractual responsibilities, all in accordance with this Agreement Customer will perform its responsibilities in accordance with this Agreement B CHANGE ORDERS Either party may request changes within the general scope of this Agreement If a requested change causes an increase or decrease in the cost of or time required for the performance of this Agreement, Motorola and Customer will agree to an equitable adjustment in the Agreement price or performance schedule, or both Motorola is not obligated to comply with requested changes unless and until both parties execute a written change order C ADDITIONAL PRODUCTS For three (3) years after the Effective Date of this Agreement, Customer may submit purchase orders for additional portable and mobile subscriber products manufactured by Motorola's CGISS which are currently available at the time of order If Customer and Motorola have agreed to a convention for processing electronic data interchange ("EDI ") transactions, purchase orders may be transmitted electronically Each purchase order must specifically refer to this Agreement and will be an offer by Customer subject to Motorola's acceptance Except for pricing and delivery terms, which must be stated on the purchase order, Customer and Motorola agree that the applicable terms of the main body of this Agreement will be the only terms and conditions that govern the purchase and sale of products identified on such purchase orders Customer and Motorola agree that Contract No 02- 13198IBKP Page 1 Rev 04/01199 0 ,5 PRODUCT ADD-ON AGREEMENT CITY OF EL SEGUNDO payment for all additional products so purchased will be due within twenty-five (25) days after the date of Motorola's invoice for the products D MOTOROLA SOFTWARE Any Motorola Software furnished will be licensed to Customer solely according to the terms and restrictions of the Software License Agreement attached as Exhibit A Customer hereby accepts all of the terms and restrictions of the Software License Agreement NON - MOTOROLA SOFTWARE Any Non - Motorola Software furnished by Motorola will be subject to the terms and restrictions of its copyright owner unless such copyright owner has granted to Motorola the right to sublicense such Non - Motorola Software, in which case the Software License Agreement (including any addendum to satisfy such copyright owner's requirements) shall apply Section 4 PERFORMANCE SCHEDULE A Motorola and Customer agree to perform their responsibilities in accordance with the SOW B By executing this Agreement, Customer authorizes Motorola to proceed with the manufacture, assembly, integration, delivery, installation, and testing of the Communications System Section 5 PAYMENT SCHEDULE A The total contract price is $45,491 88 Except for the first payment, which is due when Customer executes this Agreement, Customer agrees to make payments to Motorola mthin thirty (30) days after the date of invoices that will be submitted by Motorola according to the following payment schedule 1 Equipment will be invoiced upon shipment 2 Services will be invoiced as completed B Overdue invoices will bear interest at a rate of 10% simple interest per annum, unless such rate exceeds the maximum allowed by law, in which case it shall be reduced to the maximum allowable rate C If the total contract price does not include freight charges, all freight charges will be pre -paid by Motorola and added to the invoices Section 6 WARRANTY A EQUIPMENT WARRANTY Motorola warrants the Equipment against material defects in material and workmanship under normal use and service during the Warranty Period Unless otherwise specified in writing, the Warranty Period for non - Motorola manufactured Equipment will be as stated in this Section At no additional charge and at its option, Motorola will either repair the defective Equipment, replace it with the same or equivalent Equipment, or refund the purchase price of the defective Equipment, and such action on the part of Motorola will be the full extent of Motorola's liability hereunder Repaired or replaced Equipment is warranted for the balance of the original applicable warranty period All replaced parts of the Equipment shall become the property of Motorola THIS WARRANTY DOES NOT APPLY TO a) Defects or damage resulting from use of the Equipment in other than its normal and customary manner Contract No 02- 13198/BKP Page 2 Rev 04/01/99 JG M PRODUCT ADD-ON AGREEMENT CITY OF EL SEGUNDO b) Defects or damage occurring from misuse, accident, water, or neglect c) Defects or damage occurring from testing, operation, maintenance, installation, alteration, modification, or adjustment not provided by Motorola pursuant to this Communications System Agreement d) Breakage or damage to antennas unless caused directly by defects in material or workmanship e) Equipment that has been subjected to unauthorized Equipment modifications, disassembly or repairs (including the addition to the Equipment of non - Motorola supplied equipment if not authorized by Motorola) which adversely affect performance of the Equipment or interfere with Motorola's normal warranty inspection and testing of the Equipment to verify any warranty claim f) Equipment which has had the senal number removed or made illegible g) Batteries (because they carry their own separate limited warranty) h) Freight costs to the repair depot Q Equipment which, due to illegal or unauthorized alteration of the softworeffirmware in the Equipment, does not function in accordance with Motorola's published specifications or with the FCC type acceptance labeling in effect for the Equipment at the time the Equipment was initially distributed from Motorola j) Scratches or other cosmetic damage to Equipment surfaces that does not affect the operation of the Equipment k) Software 1) Normal and customary wear and tear B YEAR 2000 EXPRESS WARRANTY During the Warranty Period, Motorola warrants that each hardware, software, and firmware product delivered under this Agreement ("Product") shall be able to accurately process date data (including, but not limited to, calculating, comparing, and sequencing) from, into, and between the year 1999 and the year 2000, including leap year calculations, when used in accordance with the Product documentattm provided by Motorola, provided that all products (e g , hardware, software, firmware) used in combination with such Product property exchange date data with it. All Product manufactured by parties other than Motorola are warranted hereunder based upon Year 2000 statements, representations, and warranties made by these parties to Motorola Motorola has not verified the content of those Year 2000 statements but is merely republishing those statements, representations, and warranties for purposes of this warranty For any Product that utilizes third party computer operating system software, such as Microsoft Windows NT 40 or Windows 95, that third party software is warranted only with respect to the specific functions of it that are necessary in the performance of the Communication System provided under this Agreement The remedies available for breach of this warranty shall be as defined in, and subject to, the terms and limitations of the Equipment Warranty provided above Except as provided herein, nothing in this warranty statement shall be construed to limit any rights or remedies provided elsewhere in this Agreement with respect to matters other than Year 2000 performance C MOTOROLA SOFTWARE WARRANTY Motorola Software is warranted in accordance with the terms of the Software License Agreement attached as Exhibit A Contract No 02- 13198IBKP Page 3 Rev 04/01199 L r 'N PRODUCT ADD-ON AGREEMENT CITY OF EL SEGUNDO D These express limited warranties as set forth in this Section are extended by Motorola to the original end user purchasing or leasing the System for commercial, industrial, or governmental use only, and is not assignable or transferable These are the complete warranties for the Equipment and Software provided pursuant to this Agreement E. THESE WARRANTIES ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES MOTOROLA DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE IN NO EVENT WILL MOTOROLA BE LIABLE FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE EQUIPMENT IN NO EVENT WILL MOTOROLA BE LIABLE FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS OR SAVINGS OR OTHER INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE EQUIPMENT, TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW Section 7 DELAYS A Successful project implementation will require cooperation and fairness between the parties Because it is impractical to provide for every contingency which may arise during the course of performance of this Agreement, the parties agree to notify the other if they become aware that any condition will significantly delay performance The parties will agree to reasonable extensions of the project schedule by executing a written change order B Under no circumstances will either party be responsible for delays or lack of performance resulting from events beyond the reasonable control of that party ( "Excusable Delays "). Such events include, but are not limited to, weather conditions, compliance with laws and regulations (excluding Customer's failure to properly and timely apply for all required FCC licenses), bid protests, fire, strikes, lock -outs, and other labor disruptions, material shortages, riots, acts of war, and an Excusable Delay of a Motorola subcontractor as reasonably approved by the Customer C Customer will make available to Motorola the sites when scheduled and Customer will not otherwise unreasonably delay or prevent Motorola's performance of its responsibilities In the event of a Customer delay during the time of shipment, Motorola may ship the equipment as scheduled to a location as designated by the Customer or if no such location is designated, a Motorola designated storage facility for which Customer agrees to pay all fees..lf Customer delays Motorola's performance, the performance schedule will be extended, the Customer will make the milestone payments as if no delay occurred, and the parties will execute a Change Order to compensate Motorola for reasonable charges incurred because of such delays Such charges include, but are not limited to, costs incurred by Motorola andfor its subcontractors for additional freight, warehousing and handling, suspending and re- mobilizing the work, additional engineering and standby time calculated at then current man -day rates; and preparing and implementing a "work around" plan. Section 8 DEFAULT A If Motorola fails to complete delivery, installation or acceptance testing in accordance with this Agreement, Customer may consider Motorola to be in default, unless such failure has been caused by an Excusable Delay Customer agrees to give Motorola written notice of such default Motorola will have thirty (30) days from the receipt of such notice to provide a plan of action that is acceptable to Customer to cure the default. B If Motorola fails to cure the default, Customer may terminate any unfulfilled portion of this Agreement If Customer completes the Communications System through a third party, Customer may recover the reasonable costs of completing the Communications System to a capability not exceeding that specified in the Agreement, less the unpaid portion of the Contract No 02- 13198/BKP Page 4 Rev 04/01/99 PRODUCT ADD-ON AGREEMENT CITY OF EL SEGUNDO Contract Price Customer agrees to use its best efforts to mitigate such costs Motorola's liability under this Section is subject to the limitations of the Section entitled Limitation of Liability of this Agreement C THE REMEDIES PROVIDED IN THIS SECTION OF THE AGREEMENT WILL BE THE FULL EXTENT OF MOTOROLA'S LIABILITY IN THE EVENT OF DEFAULT Section 9 INDEMNIFICATION A GENERAL INDEMNITY Motorola agrees to and hereby indemnifies and saves Customer harmless from all liabilities which may accrue against Customer on account of direct physical damage to tangible property or personal injury to the extent the damage or injury is caused by Motorola's negligence or recklessness, or that of its employees, subcontractors, or agents while on the Customer's premises during the delivery, installation, or testing of the Communications System pursuant to this Agreement PATENT AND COPYRIGHT INFRINGEMENT Motorola will defend, at its own expense, any suit brought against the Customer to the extent that it is based on a claim that the Equipment or Motorola Software infringe a United States patent or copyright, and Motorola will pay those costs and damages finally awarded against the Customer in any such suit which are attributable to any such claim, but such defense and payments are conditioned on the following i) Motorola must be notified promptly in writing by Customer of any notice of such claim, ii) Motorola will have sole control of the defense of such suit and all negotiations for its settlement or compromise, and in) should the Equipment or Motorola Software become, or in Motorola's opinion be likely to become, the subject of a claim of infringement of a United States patent or copyright, Customer will permit Motorola, at its option and expense, either to procure for Customer the right to continue using the Equipment or Motorola Software or to replace or modify the same so that it becomes non - infringing or to grant Customer a credit for the Equipment or Motorola Software as depreciated and accept its return The depreciation amount will be based upon generally accepted accounting standards for such Equipment and Software Motorola will have no liability with respect to any claim of patent or copyright infringement which is based upon the combination of the Equipment or Motorola Software furnished hereunder with software, apparatus or devices not furnished by Motorola, nor will Motorola have any liability for the use of ancillary equipment or software not furnished by Motorola which is attached to or used in connection with the Equipment The foregoing states the entire liability of Motorola with respect to infringement of patents and copyrights by the Equipment and Motorola Software or any parts thereof C Motorola's indemnification of Customer under this Section will be the full extent of Motorola's indemnification of Customer from liabilities that are in any way related to Motorola's performance under this Agreement Section 10 DISPUTES A Motorola and Customer will attempt to settle any claim or controversy ansing from this Agreement through consultation and negotiation in good faith and a spirit of mutual cooperation If those attempts fail, the dispute will be mediated by a mediator chosen jointly by Motorola and Customer within thirty days after notice by one of the parties demanding non- binding mediation Neither parry may unreasonably withhold consent to the selection of a mediator, and Motorola and Customer will share the cost of the mediation equally The parties may postpone mediation until they have completed some specified but limited discovery about the dispute The parties may also replace mediation with some other form of non - binding alternate dispute resolution ( "ADR ") procedure B Any dispute that cannot be resolved between the parties through negotiation or mediation within two months after the date of the initial demand for non - binding mediation may then be submitted by either party to a court of competent jurisdiction in the State in which the Contract No 02- 13198/BKP Page 5 Rev 04/01/99 Li9J PRODUCT ADD-ON AGREEMENT CITY OF EL SEGUNDO Communications System is installed Each party consents to jurisdiction over it by such a court The use of any ADR procedures will not be considered under the doctrine of laches, waiver, or estoppel to affect adversely the rights of either party Either party may resort to the judicial proceedings described in this paragraph prior to the expiration of the two-month ADR period if (a) good faith efforts to attempt resolution of the dispute under these procedures have been unsuccessful or (b) interim relief from the court is necessary to prevent serious and irreparable injury to such party or any of its affiliates, agents, employees, customers, suppliers, or subcontractors Section 11 LIMITATION OF LIABILITY Notwithstanding any other provision to this Agreement, except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, indemnification, or otherwise, will be limited to the direct damages recoverable under law, up to, but not to exceed fifty percent (50 %) of the Agreement price of the Equipment or services with respect to whidh losses or damages are claimed IN NO EVENT WILL MOTOROLA BE LIABLE FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS OR SAVINGS, OR OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT, THE SALE OR USE OF THE EQUIPMENT, OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT This Limitation of Liability will survive the expiration or termination of this Agreement Any action for a breach of this Agreement or otherwise relating to the transactions contemplated by this Agreement must bey brought within the statutory period provided under California law except for money due upon an open account Section 16 GENERAL A TITLE AND RISK OF LOSS Title to the Equipment will pass to Customer upon shipment of the Equipment, except that title to Software will not pass to Customer at any time Risk of loss will pass to Customer upon delivery of the Equipment to the facilities designated by Customer B TAXES The purchase price does not include any amount for federal, state, or local excise, sales, lease, service, rental, use, property, occupation, or other taxes, all of which (other than federal, state, and local taxes based on Motorola's income or net worth) will be paid by Customer except as exempt by law If Motorola is required to pay or bear the burden of any such taxes, Motorola will send an invoice to Customer and Customer will pay to Motorola the amount of such taxes (including any interest and penalties) within thirty days after the date of the invoice Customer will be solely responsible for reporting the Equipment for personal property tax purposes C CONFIDENTIAL INFORMATION Customer will not disclose any material or information identified as Motorola proprietary and confidential to third parties without Motorola's prior written permission, unless Motorola makes such material or information public or disclosure is required by law If Customer is required by law to disclose such material or information, Customer will notify Motorola prior to such disclosure D DISCLAIMER OF LICENSE Except as explicitly provided in the Motorola Software License Agreement included in Exhibit A, nothing in this Agreement will be deemed to grant, either directly or by implication, estoppel, or otherwise, any license or right under any patents, patent applications, copyrights, trade marks, trade secrets or other intellectual property of Motorola E ASSIGNABILITY This Agreement may not be assigned by either party without the prior consent of the other party except that Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer F WAIVER Failure or delay by either party to exercise any right or power under this Agreement will not operate as a waiver of such right or power Contract No 02- 13198/BKP Page 6 Rev 04/01/99 100 PRODUCT ADD-ON AGREEMENT CITY OF EL SEGUNDO G SEVERABILITY If any portion of this Agreement is held to be invalid or unenforceable, that provision will be considered severable and the remainder of this Agreement will remain in full force and effect as if the invalid provision were not part of this Agreement H HEADINGS AND SECTION REFERENCES The headings given to the sections of this Agreement are inserted only for convenience and are not to be construed as part of this Agreement or as a limitation of the scope of the particular Section to which the heading refers I ENTIRE AGREEMENT This Agreement (including the Exhibits) constitutes the entire agreement of the parties regarding the subject matter of this Agreement and supersedes all previous agreements and understandings, whether written or oral, relating to such subject matter This Agreement may be altered, amended, or modified only by a written instrument signed by the duly authorized representatives of both parties J GOVERNING LAW This Agreement will be governed by and construed in accordance with the laws of the State to which the Equipment is shipped K NOTICES Notices authorized or required under this Agreement must be in writing and sent to the below addresses Customer Attn Motorola, Inc Attn Contract and Compliance Manager 9980 Carroll Canyon Road San Diego, CA 92131 In witness whereof, the parties have caused duly authorized representatives to execute this Agreement on the dates set forth below IN WITNESS WHEREOF Customer Motorola, Inc. By Name Mary Strenn Title City Manager Date By Name Title Date Contract No 02- 13198/BKP Page 7 Rev 04/01/99 itJi EXHIBIT A SOFTWARE LICENSE AGREEMENT i�.J4 EXHIBIT A— SOFTWARE LICENSE AGREEMENT This Software License Agreement is between Motorola, Inc, a Delaware corporation ( "Motorola "), and the City of El Segundo ( "Licensee ") Section 1 SCOPE Licensee may acquire from Motorola's Commercial, Government, and Industrial Solutions Sector ( "CGISS ") radio communication products ( "Products ") that contain embedded or pre - loaded Motorola software such as in a ROM, PROM, or EPROM, or other Motorola software provided on media such as a floppy disk, tape, diskette, or CD -ROM All such software (including Radio Service Software and FLASHport® Software) is referred to as "Motorola Software " In addition, third party software may be included which Motorola does not own but is licensed to distribute The terms of this Agreement apply to any such third party software unless an additional license agreement pertaining to the third party software is enclosed, in which case the terms of such license apply to said third party software This Agreement contains the terms under which Licensee may use Motorola Software acquired from CGISS Section 2 GRANT OF LICENSE Motorola hereby grants to Licensee a personal, non- exciusive license under Motorola's applicable proprietary rights to use Motorola Software in accordance with the terms of this Agreement Section 3 LIMITATIONS ON USE Licensee may use Motorola Software only for Licensee's internal business purposes and only as described in the Motorola Software or Product documentation Any other use of Motorola Software is strictly prohibited and will be deemed a breach of this Agreement Licensee may not copy, modify, adapt, merge with other software, reverse engineer, prepare derivative works of, or disassemble any Motorola Software for any reason, except that Licensee may make at most two copies of Motorola Software provided with infrastructure equipment for back -up purposes Licensee must purchase a copy of Radio Service Software for each site at which Licensee uses Radio Service Software, Licensee may make one additional copy for each computer owned or controlled by Licensee at each such site Licensee may temporarily use Radio Service Software on portable or lap -top computers at other sites Prior to acquiring any Radio Service Software or upon Motorola's request, Licensee must provide a written list of all sites where Licensee uses or intends to use Radio Service Software Licensee must reproduce all Motorola copyright and trademark notices on all copies of Motorola Software Section 4 TRANSFERS If Licensee transfers ownership of Products to a third party, Licensee may assign its rights to use Motorola Software (other than Radio Service Software and FLASHportO Software) embedded in or furnished for use with those Products provided that (a) Licensee transfers all copies of such Motorola Software to the new owner and (b) Motorola receives a transfer form (which Motorola will provide upon request) completed and signed by the new owner Otherwise, Licensee may not transfer or make available any Motorola Software to any third party Section 5 OWNERSHIP AND TITLE Title to all copies of Motorola Software in any form, including all rights in patents, copyrights, trade secrets, and other intellectual properties, remains vested exclusively in Motorola Section 6 CONFIDENTIALITY Licensee acknowledges that all Motorola Software contains valuable proprietary information and trade secrets and that unauthorized dissemination, distribution, modification, reverse engineering, disassembly, or other improper use of Motorola Software will result in irreparable harm to Motorola for which monetary damages would be inadequate Accordingly, Licensee will limit Contract No 99- /xyz Page 1 Rev 04/01/99 103 EXHIBIT A— SOFTWARE LICENSE AGREEMENT access to Motorola Software to those of its employees and agents who need to use Motorola Software for Licensee's internal business purposes, and Licensee will take appropriate action with those employees and agents to preserve the confidentiality of Motorola Software to the extent permitted pursuant to California law Section 7 LIMITED WARRANTY For the first 120 days after initial shipment of Motorola Software, or, if the Motorola Software is provided pursuant to a Communications System Agreement or Communications Equipment Agreement between Motorola and Licensee, for the Warranty Period specified in such Agreement, Motorola warrants that the Motorola Software, when used properly, will be free from reproducible defects that eliminates the functionality of a feature critical to the primary functionality of a system The primary functionality of a voice communication system is subscriber-to-subscriber, subscriber -to- dispatcher, and dispatcher-to-subscriber voice communication The primary functionality of a data system is point- to-point data transmission. Motorola does not warrant that Licensee's use of the Motorola Software or the Products will be uninterrupted or error -free or that the Motorola Software or the Products will meet Licensee's particular requirements This limited software warranty does not include any warranty covering the processing of date data from, into, and between the year 1999 and the year 2000 Any such warranty would be provided expressly in a separately executed agreement MOTOROLA'S TOTAL LIABILITY, AND LICENSEE'S SOLE REMEDY, FOR ANY BREACH OF THIS WARRANTY WILL BE LIMITED TO, AT MOTOROLA'S OPTION, REPAIR OR REPLACEMENT OF THE MOTOROLA SOFTWARE OR PAYMENT OF LICENSEE'S DIRECT DAMAGES UP TO THE AMOUNT PAID TO MOTOROLA FOR THE MOTOROLA SOFTWARE OR THE INDIVIDUAL PRODUCT IN WHICH THE MOTOROLA SOFTWARE IS EMBEDDED OR FOR WHICH IT WAS PROVIDED THIS WARRANTY EXTENDS ONLY TO THE FIRST LICENSEE, SUBSEQUENT TRANSFEREES MUST ACCEPT THE MOTOROLA SOFTWARE "AS IS" AND WITH NO WARRANTIES OF ANY KIND MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE Section 8 LIMITATION OF LIABILITY IN NO EVENT WILL MOTOROLA BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES Section 9 TERM AND TERMINATION Licensee's right to use Motorola Software will begin when Licensee sends a duly executed copy of this Agreement to Motorola, and either (a) Motorola returns a fully executed Agreement to Licensee or (b) Moturola ships Motorola Software or a Product containing Motorola Software to Licensee, and will continue in perpetuity unless terminated as follows Licensee's right to use Motorola Software will terminate without notice upon a breach of this Agreement by Licensee. In addition, if Licensee breaches this Agreement with respect to Radio Service Software or FLASHport® Software, Motorola may, by notice to Licensee, terminate Licensee's right to use such Motorola Software Upon termination, Motorola will be entitled to immediate injunctive relief without proving damages and, unless Licensee is a sovereign government entity, Motorola will have the right to repossess all Radio Service Software and FLASHport® Software in Licensee's possession Within thirty days after termination of Licensee's right to use any Motorola Software, Licensee must certify in writing to Motorola that all copies of such Motorola Software have been returned to Motorola or destroyed Section 10 NOTICES All notices, consents, and waivers permitted or required under this Agreement will be deemed given upon receipt and must be delivered in writing to the below addresses Change of address must be in writing to the other party Contract No 99- /xyz Page 2 Rev 04 /01/99 i0� E Customer Attn Section 11 GENERAL EXHIBIT A — SOFTWARE LICENSE AGREEMENT Motorola,lnc Attn Contract and Compliance Manager 9980 Carroll Canyon Road San Diego. CA 92131 A COPYRIGHT NOTICES The existence of a copyright notice on Motorola Software will not be construed as an admission or presumption that public disclosure of Motorola Software or any trade secrets associated with Motorola Software has occurred B CAUSES OF ACTION Licensee must bring any action under this Agreement within the statutory period provided under California law C WAIVERS No waiver of a right or remedy of a party will constitute a waiver of another right or remedy of that party D ASSIGNMENTS Motorola may assign any of its rights or subcontract any of its obligations under this Agreement, or encumber or sell any of its rights in any Motorola Software, without prior notice to or consent of Licensee E ENTIRE AGREEMENT AND AMENDMENT This Agreement contains the parties' entire agreement regarding Licensee's use of Motorola Software and may be amended only in a writing signed by both parties, except that Motorola may modify this Agreement as necessary to comply with applicable laws and regulations including FCC regulations F GOVERNING LAW This Agreement will be governed by the laws of the United States of America to the extent that they apply and otherwise by the laws of the California In witness whereof, the parties have caused duly authorized representatives to execute this Agreement on the dates set forth below Licensee By Motorola, Inc. By Name Mary Strenn Name Title City Manager Title Date Date Contract No 99- Ixyz Page 3 Rev 04101/99 4 05 .L 11 EXHIBIT B Equipment List, Statement of Work and Upgrade Description 11C N O O N LL LL w U C C O C� O O O O O 00000000 Ow O O W 0 0 0 0 O O O O m N O W O O � N O - M m N 0 O Q Q m O N O m N O Q M m 0 m "N"N Q M p— N D— N Q n N w n Q OI Q eh N O N 07 - N N � N tlf tli F919 lA tl9 e.9 VS Mtl>tlf fAw Vi VS VS yviM wrA p J o r Z z W 00,0010 �-Wru QOp F¢- N o 'Qo _ NO Q KO Or� 00 N ON�NN mIJLL Q N N �- Q r r LU r m z? W O r o y m p a N p N O a Z W ¢ N S W ON W O(¢Wu O O ° O� 0 r Y C O U p m Z d Q O Y J 2 ZonU �a'dJ w U 0 °m p W P- y p v d K o 00 rm�z V) SNEr�ar m Z H N U S O W ��p� UaWU O zo¢ ~WZ Wui www= —w3 }o3 >ui ¢ m 3 r J O W R W Um�m �rjrcn E L) <m z¢� ;OOmNMam W r U N r F LL ¢¢ W O 0 r O r N LL W LL W - Z r d m m O J Z O U m V) Z c W O M W U W OO N W N O U 0 U p¢ U S Ucr 2¢ w 3 v7 W U, W O� K U LL c J a Z J° # W a cr O Q W y O YZ O 0U) N O Zia U, Y U U U G > 2< 9LLSao 0 3 O�w� Z °Z¢ p cn0LLI V) (Wj0U Q J U c W 4 = ¢ Z U = p O Q ¢ m ¢ p O q�j QQ U LLI Q° Q �p�Y ^X^�J4 FO UcN9 pN OQZONINO m Y Y m J p p O J j d QV ry O --.- 0 ---- 0- i 0,7 1 A- MOTOROLA EX MITB DESCRIPTION EL SEGUNDO P D Project to add a 6" Elite dispatch position and upgrade Elite dispatch computer equipment to Windows 2000 May 1, 2002 This engineering document addresses the addition of a 6" Elite radio dispatch position to the existing 5 position Elite dispatch system Cost is also included to upgrade the system to the current Windows 2000 operating system The following issues are considerations made when compiling the equipment list * All LAN and 7 pair Cables are in place * The IRR/Call Check Recorder option now resides on the client computer Calls are stored on the hard drive and are available to the dispatcher /call taker No external hardware or cable is required * Either slot 5 or 6 in the central electronics bank is required for the 6" COIM If not available, an OMI relocator card has been included in this design to assist with the installation * The 66 position is configured as are the other 5, with dual headset jacks No gooseneck microphone is supplied. * Motorola is supplying a 24 -mch custom footswitch for the 6" position * Motorola is supplying a 17 4" flat screen for the 6'" position This is not a touch screen LCD Since this is an addition to an existing system, new firmware is included to upgrade the existing COIM firmware in the central electronics bank An upgrade is also included for the spare COIM In addition, new server CDM software is also included All current version computers are shipping with Windows 2000 software Motorola has included the cost to upgrade all 5 dispatch positions and the server to the Windows 2000 operating system The attached quote is for hardware and software only There is no cost included for mstallation of the new equipment MAY 1, 2002 10 & OMOTOROLA Systems Integration El Segundo Police Department Motorola Systems Integration Systems Technologist Services Quote Statement of Work (SOW) Exhibit B i09 t a El Seaundo Police Department Statement of Work 1.1 PURPOSE OF STATEMENT OF WORK .............. ............................... 2 1.2 DESCRIPTION OF SOLD SERVICE ................... ............................... 2 1.3 MOTOROLA SYSTEM RESPONSIBILITIES (GENERAL) ....................... 2 1.4 EL SEGUNDO POLICE DEPARTMENT RESPONSIBILITIES (GENERAL). 3 1.5 SITE ACCESS .............................................. ............................... 3 1.6 EQUIPMENT INSTALLATION ............................ ............................... 3 1.7 SYSTEM DOCUMENTATION ............................ ............................... 4 1.8 ACCEPTANCE TEST PROCEDURE ................... ............................... 4 1.9 SERVICES BREAKDOWN ............................... ............................... 4 1.10 MEMORANDUM OF UNDERSTANDING ....... ............................... 5 1.11 CERTIFICATE OF COMPLETION ...................... ............................... 5 OMOTORO/_A4 1 El Segundo Police Department SOW 05101/02 i f V 1.1 PURPOSE OF STATEMENT OF WORK Motorola System Technologist Services Motorola System Integration appreciates the opportunity to provide El Segundo Police Department - System Technologist technical services in the upgrade and expansion of their existing CentraCom Elite dispatch equipment. This Statement of Work (SOW) describes the work to be performed by a Motorola System Technologist in support of ESPD. A Motorola System Technologist will lead the Motorola Systems Integration team The primary function of the System Technologist is to perform technical tasks required to expand and upgrade the CentraCom dispatch equipment Under the conditions of this SOW, Motorola is proposing to provide Five (5) days of System Technologist - technical service 1.2 DESCRIPTION OF SOLD SERVICE System Technologist Technical Services The Motorola ST will perform the following tasks • Upgrade five existing Elite position computers to Windows 2000 • Implement a sixth Elite radio position • Upgrade the central electronics bank (CEB) COIM firmware • Reprogram and configure CEB for sixth position • Perform a functional test • Provide updated system documentation 1.3 MOTOROLA SYSTEM RESPONSIBILITIES (GENERAL) Motorola's general responsibilities include the following* • Provide a System Technologist as a primary point of contact Motorola System Integration will provide a System Technologist for services specified in this SOW Services and cost to repair infrastructure equipment and /or subscriber units is not reflected in this statement of work OM MOTOROLA El Segundo Police Department SOW 05/01/02 1.4 CITY OF EL SEGUNDO RESPONSIBILITIES (GENERAL) • Provide a designated single point of contact. • Install all console furniture and associated hardware to accommodate the sixth Elite position • City is responsible /accountable for any and all issues related to, but not limited to RF interference of all electronic devices and hardware • Coordination of City personnel throughout the installation and implementation into the system and throughout the cutover of the dispatch center /equipment. • City is responsible for all tasks associated with the network security and passwords, if applicable 1.5 SITE ACCESS City shall provide site access for scheduled configuration and equipment optimization City shall be responsible to coordinate and schedule, with Motorola, access to sites not directly controlled by ESPD, if applicable 1.6 EQUIPMENT INSTALLATION ESPD is responsible for the installation of the console furniture and associated hardware, if applicable Services to install, remove or relocate equipment and hardware is not included in these System Technologist technical services. OMOTOROLA 3 El Segundo Police Department SOW 05/01/02 il^ A 1.7 SYSTEM DOCUMENTATION The Motorola ST will provide any and all applicable installation and configuration documentation for this upgrade Updated system drawings will be provided as part of the documentation package The "Certificate of Completion" is to be signed by both Motorola and ESPD upon final acceptance of all services rendered by Motorola. 1.8 ACCEPTANCE TEST PROCEDURE The System Technologist will perform a functional acceptance test on the six Elite positions A functional ATP procedure can be provided to ESPD upon request 1.9 SERVICES BREAKDOWN Motorola System Technologist Technical Services * 5 Days ST Man Day Rate $1500 Total $79500 A purchase order (P O ) is required prior to commencing the service *Additional Motorola ST Days can be purchased, as needed for tasks not specified in this Statement of Work All work performed was quoted for normal business hours. Additional cost will be added for work performed before 7:00 AM and after 6:00 PM (M MOTOR40LA 4 El Segundo Police Department SOW 05 /01/02 i1J 1.10 SI Service CERTIFICATE OF COMPLETION Customer Name: City of El Segundo Customer Contract # / PO #: Project Number: FO# Services Provided: System Technologist Technical Services- Elite CEB upgrade and expansion City of El Segundo - agrees that all contracted services provided by Motorola have been received and are complete Completion authorizes Motorola to bill for the value of the contract/PO delivered & completed services, and it indicates (City of El Segundo) agreement to make payment City of El Segundo Representative: Print Full Name Title Signature, Date Motorola Representative: Print Full Name. Title Signature Date UM MOTOROLA 5 El Segundo Police Department SOW 05/01 /02 � 1� EL SEGUNDO CITY COUNCIL MEETING DATE: September 3, 2002 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION nsideration and possible action on the awarding of RFP No #02 -14 (Police Towing and Storage Services) to the most responsive bidder as the City's primary towing contractor, and authorize the City Council to execute the four year agreement with three one -year term extensions, for a maximum total contract length of seven years RECOMMENDED COUNCIL ACTION. (1) Award a four year contract to Manhattan Beach Towing as the City's primary towing contractor and authorize the City Manager to exercise the three one -year options if in the City's best interest (2) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION The City contracts with a towing company to provide towing and storage for vehicles that are impounded due to illegal parking, traffic accidents, arrest, stolen vehicles, and other reasons The City typically orders 55 -60 tows per month This results in cost recovery for the city because of the 10% administrative surcharge that the contractor pays from the gross receipts for all tow services, charges, and vehicle storage RFP #02 -14 was issued to (4) four south bay companies on June 20, 2002 Completed bids were due back on July 16, 2002 We received responses from the following tow companies- Jim & Jack's Automotive, Manhattan Reach Towing, and S &W Towing & Storage Due diligence was conducted on all the iponses Continued ATTACHED SUPPORTING DOCUMENTS Towing bid matrix Proposal submitted by Manhattan Beach Towing; Agreement For Professional Services FISCAL I Operating Budget N/A Amount Requested 0 Account Number N/A Project Phase: NIA Appropriation Required: _Yes x No KILANAI tU: ack Wayt, Chief of Police REVIEWED BY Mary enn, City Manager DATE 't,/ Z { 7 r F 1 v �J F t BACKGROUND & DISCUSSION (continued): The three responses were evaluated upon the following criteria: contractor's experience, facilities, ability to meet the City's needs, references, and cost. In addition, a background check was conducted by the City Attorney's office In the process of evaluating a towing company, the cost of towing and storage is not a mayor consideration because the cost of towing and storage is borne by the registered owner of the vehicle, not the City. Staff instead focused on factors that are considered critical in selecting contractors who will represent the City throughout the towing process, from proper damage -free vehicle handling to customer service After evaluating the three, it was determined that Manhattan Beach Towing (MBT), located at 4622 Manne Ave, Lawndale, is the most responsive bidder and it meets or exceeds all city requirements MBT is also the lowest bidder. MBT is currently primary tow company for the Automobile Club of Southern California (AAA); in addition, they are on the California Highway Patrol rotation list Staff contacted representatives from these agencies who gave very favorable reports RECOMMENDATION Based on all the factors involved, it is recommended the City Council award the Police Towing and Storage Services contract to Manhattan Beach Towing 11� LE Manhattan Beach Jim & Jack's S & W Towing and Towing Automotive Storage Tow charge during $65.00 $8500 $8250 business hours for passenger cars /SUV's Tow charge during $65.00 $85.00 $12500 business hours for trucks Where additional $20 00 per hour $20.00 per hour $40 00 per hour labor is needed to tow vehicle Where dolly is $15.00 $15.00 40.00 needed Daily storage charge $15 00 per day $15 00 per day $13.00 for passenger cars / SUV's Daily storage charge $20 00 per day $20.00 per day $1300 for trucks Daily storage charge $15 00 per day $5 00 per day $5.00 for motorcycles 11� LE Administrative Services Department CITY OF EL SEGUNDO — REQUEST FOR PROPOSAL Risk Management/Purchasing Police Towing and Storage Services, RFP No # 02 -14 J Richard Hogate, Risk Manager /Purchasing Agent Phone. 310/524-2339 Fax 310/322 -2756 RFP Data FP O RFP Number. # 02 -14 Commodity Title Police Towing and Storage Services Issue Date: June 20, 2002 Day / Date. Tuesday, July 16, 2002 Time. 11:00 A.M. Location. City Clerk's Office 350 Main Street El Segundo, CA 90245 -3895 Directions: Park on the north side of City Hall on Holly Street. Enter City Hall through the double glass doors. Proceed down the hall to Room 5, the first office on the right -hand side. RFP Contents 1.0 General Specifications 2.0 Contract Administrators 3.0 Obligations, Workmanship, Supervision and Damage 40 Operator Service Requirements 5.0 Vehicles Storage Requirements 6.0 City of El Segundo Administrative Surcharge 7.0 Operator Administration 80 insurance Requirements 90 Change of Ownership 100 RFP Proposal Sheet 11.0 Vendor Questionnaire 120 Professional Services Agreement The Office of the City Clerk must receive sealed written Responses no later than the date, time and ocation indicated above for the Bid Opening Submittal of Response by fax is not acceptable. Note This RFP does not constitute an order for the goods or services specified iFo for Police Towing and Storage Services x02 -1 4 dac PRINTED ON RECYCLED PAPER 1 4 1 6 CITY OF EL SEGUNDO — REQUEST FOR PROPOSAL Police Towing and Storage Services, RFP No. # 02 -14 J Richard Administrative Services Department Risk Management/Purchasing Hogate, Risk Manager /Purchasing Agent Phone 3101524-2339 Fax. 310/322 -2756 Notice is hereby given that sealed Proposais will be received in the Office of the City Clerk, City Hall, 350 Main St., El Segundo, California, 90245 until 11:00 a.m. Tuesday, July 16, 2002 All bids will be opened at that time. All bids must be sealed and clearly marked "Police Towing and Storage Services, RFP # 02-03" All items are to be in accordance with the- attached specifications. Instructions to Bidders Definitions - The following meanings are attached to the following defined words when used in these specifications and the contact: CITY -the City of El Segundo, California. CITY MANAGER - the City Manager of the City. CHIEF OF POLICE - the Chief of Police of the City of El Segundo or his authorized representative POLICE DEPARTMENT - the Police Department of the City of El Segundo. OPERATOR /BIDDER — the tow service and vehicle storage owner submitting the Proposal. ALTERNATE OPERATOR — a vehicle tow and storage service acting on the behalf the operator. -iling Date All bids must be received at or before the time indicated above. Copies of all forms, specifications, and exhibits are available in the Administrative Services Department of the City of El Segundo, 350 Main Street, El Segundo, CA 90245 -3895, (310) 524 -2339. Reservations The City Council reserves the right to reject any and all bids received, to take all bids under advisement after opening, to waive any informality in any bid, and to be the sole judges of the relative merits of the material mentioned in the respective bids received. The council also reserves the right to reject any dem(s), award more than one contract for each of the items, and reject bids that are not accompanied by the requested information Bidders are hereby notified that the successful bidder must be properly licensed to do business in the City of El Segundo before commencing the work under the contract awarded hereunder, if required by the contract. Bid Form The Proposal must be made on the forms provided and submitted in triple sets, clearly marked "RFP for Towing Services," showing the RFP number and addressed to the City Clerk, City of El Segundo, 350 Main Street, El Segundo, California, 90245- 3895 No telephone bids will be accepted. If an individual makes the bid, said bid must be signed by that individual, with the full name and address provided If bid is made by a partnership, said bid must be signed by a partner, with the full name and address of each partner provided If bid is made by a corporation, said bid must be signed by the proper officer in the corporate name with the corporate seal attached to each signature R =° for 0ohce Towing and Storage Seances #02 -14 do-- PRINTED ON RECYCLED PAPER 2 11:1 Administrative Services Department CITY OF EL SEGUNDO — REQUEST FOR PROPOSAL Risk Management/Purchasing Police Towing and Storage Services, RFP No # 02 -14 J Richard Nogate, Risk Manager /Purchasing Agent Phone: 310/524- 2339Fax- 310/322 -2756 All blank spaces in the Proposal must be properly completed Proposal shall be in ink or typewritten. The phraseology of the bid must not be altered in any way Unless otherwise stated, bids will be received on one or more, or all items Bidders are invited to be present at the time the bids are opened Bidders must specifically quote on UNITS as shown on the proposal sheet. In the case of error in extension of prices, the unit price will govern. Proposals are subject to acceptance by the City for a period of three months, unless a different period is prescribed in the Proposal by the bidder. Contract: The Bidder to whom the award is made will be required to enter into a written contract with the City. A copy of the Request for Proposal, the vendor Proposal, and the contract specifications will be attached to, and form part of the contract. All materials, supplies, equipment, and services supplied by the vendor shall conform to the applicable requirements of State and Federal laws governing labor and wages, as well as conforming to the specifications herein. In case of default by the vendor, the City reserves the right to procure the articles from other sources and to hold the vendor responsible for any excess costs incurred by the City. Before commencing work, the Bidder to whom the contract is awarded is required to obtain a City business license to do business in the City of El Segundo. Payments See Section 6 — City of El Segundo Administrative Surcharge Taxes The City of El Segundo is exempt from paying Federal excise taxes. These taxes are not to be included Errors/ Omissions The vendor shall not be allowed to take advantage of any errors and /or omissions in these specifications or in the vendor's specifications submitted with the Proposal Full instructions will be given If such errors /omissions are discovered and vendor agrees to abide by said instructions Force Maleure The vendor will be excused from the performance of the contract, in whole or in part, only by reason of the following causes. a When such performance is prevented by operation of law b When such performance is prevented by an irresistible superhuman cause c When such performance is prevented by an act of the public enemies of the United States of America, or the State of California, or by strike, mob violence, fire, delay in transportation beyond the control of the vendor, or unavoidable casualty m R -> for Police Towing and Storage Services #02 -14 doc PRINTED ON RECYCLED PAPER 3 126 - ^.TTY OF EL SEGUNDO — REQUEST FOR PROPOSAL Administrative Services Department Risk Management/Purchasing olice Towing and Storage Services, RFP No # 02 -14 J Richard Hogate, Risk Manager /Purchasing Agent Phone 310/524 -2339 Fax. 310/322 -2756 d. When such performance is prevented by the inability of the vendor to secure necessary materials, supplies, or equipment by reason of Appropriation of use thereof by the Federal Government, or 2 Regulations imposed by the Federal Government. No other Force Majeure causes or conditions may be inserted in this bid, and any changes in the conditions stated herein will cause the bid to be rejected. Default. a. If the vendor fails in any manner to fully perform and carry out each and all of the terms, covenants, and conditions of the award, then the vendor is in default of the contract. The vendor shall be notified in writing of the default status, and will be given a time frame in which to comply. If the vendor fails to comply within said time frame, the City, at its option, may terminate or cancel the contract, and, at the expense of the contractor, complete the contract with an aftemate contractor. b Such termination shall not affect or terminate any of the rights of the City against the vendor, which may thereafter accrue because of such default. The foregoing provision shall be in addition to all other rights and remedies available to the City under law c The waiver of a breach of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term, covenant, or condition hereof. Bidders' List Failure to submit a bid, including a "No Bid" response, may cause the Bidder's name to be removed from the City's Bidders' File J Richard Hogate, Risk Manager /Purchasing Agent R =� for oohce Towing and Storage Services #02 -14 doc PRINTED ON RECYCLED PAPER 4 121 Administrative Services Department CITY OF EL SEGUNDO — REQUEST FOR PROPOSAL Risk Management/Purchasing Police Towing and Storage Services, RFP No # 02 -14 J Richard Hogate, Risk Manager/Purchasing Agent Phone 310/524 -2339 Fax 310/322 -2756 SPECIFICATIONS 1 GENERAL 1 1 Statement of Work The contractor shall provide a work force of company licensed /skilled towing equipment operator personnel, materials, tools, equipment, and transportation to perform towing services at public and private properties under the jurisdiction of the Crty of El Segundo's Police Department, The Contractor shall be responsible for supplying all supplies and equipment, which are required in connection with the services to be performed under contract. 1.2 Contract Time The contract shall be for a four -year period with an option for three one -year additional terms, for a maximum total contract length of seven years, effective upon receipt of a fully executed City of El Segundo Professional Services Agreement (Contract). This Agreement may be terminated by the City, in its sole discretion, upon written notice to the Operator, at any time during the term of this Agreement. 1 3 Financial Statement The bidder shall provide a balance sheet for the last operating year, plus additional information updating this statement. 1 4 Hourly Rate /Certified Payroll The bid document must reflect all charges for labor, materials, tools, and transportation must include overhead and profit. A breakdown of hourly rates for towing personnel or supervisor(s) is not required 1 5 Crew Personnel - Rejection /Replacement The City reserves the right to reject any crew personnel or supervisor of the contractor's work force It shall be the contractor's responsibility to replace such rejected workers in a manner that will not affect the execution of the contract responsibilities as specified in the contract document 1 6 Work Force /Schedule /Shift /Manpower 1 6 1 The work force shall consist of company skilled towing personnel and include any subcontractors The contractor's crew(s) shall be under the supervision of a contractor - designated Towing Leadworker The designated Leadworker shall have the ability to communicate with City staff in English In the event of the absence of the regular Leadworker, it will be the responsibility of the contractor to designate an acting Leadworker to oversee the crew while performing the towing operations specified by the RFP for Police Towmc and Storage Services #02.14 doc PRINTED ON RECYCLED PAPER 5 . r) r) 4 Administrative Services Department CITY OF EL SEGUNDO — REQUEST FOR PROPOSAL Risk Management/Purchasing 'olice Towing and Storage Services, RFP No. # 02 -14 J. Richard Hogate, Risk Manager/Purchasing Agent Phone 310/524 -2339 Fax: 3101322 -2756 contract The contractor must notify the City of any such designation before the beginning of any shift by contacting the Watch Commander's office at (310) 524 -2255 1.6 2 Identification of Vehicles. All vehicles and equipment utilized in connection with the contract shall be visibly marked with company identification. 1.6.3 All employees must be at least eighteen (18) years of age thoroughly trained and qualified in the work assigned to them. All employees must be able to follow directions. Employees must also be physically capable of the duties assigned to them, including lifting /moving heavy items, climbing ladders, etc. 1.6 4 Contractor shall provide uniforms to the employees who are assigned to do the work on the contract, so that the contractor's employees may be easily identified. Uniforms shall bear the employee's name and the company's name and /or logo and shall present a professional appearance 1 6 5 Contractor(s) may not allow on City premises any person who is not an employee or principal with the company and currently on duty. 1.66 At the discretion of the Chief of Police, the Operator and his employees may be fingerprinted at the Police Department within thirty (30) days after the agreement is executed, all persons who subsequently become officers or employees of the Operator may be fingerprinted prior to such appointment or employment for the purpose of determining criminal record status and issuance of I.D cards should the Chief of Police desire to do so. 1 7 Labor Strike 1 7 '1 The contractor shall be responsible for its own labor relations with any trade or union representative among its employees and shall negotiate and be responsible for adjusting all of the disputes between itself and its employees or any union representing such employees Whenever the contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the services. the contractor shall immediately give written notice thereof to the City. 1 7 2 It shall be the contractor's responsibility to provide continuous towing services, without interruption, to all locations as requested In the event of a labor strike, the contractor shall provide other means, at same cost, as to provide continuous and comparable service in accordance with these specifications with prior written approval of the Chief of Police Failure to do so will cause the City to take whatever action a deems necessary to obtain other Towing and Storage services 1 7 3 It will be the responsibility of the Operator to make necessary arrangements with other RFP for Police Towinc and Storage Services #02 -14 doc PRINTED ON RECYCLED PAPER 6 lid Administrative Services Department CITY OF EL SEGUNDO — REQUEST FOR PROPOSAL Risk Management/Purchasing Police Towing and Storage Services, RFP No # 02 -14 J Richard Hogate, Risk Manager/Purchasing Agent Phone 310/524 -2339 Fax 310/322 -2756 Alternate Operator(s) to respond to City's request for vehicle tow service when Operator equipment is unable to respond. The Operator shall be responsible for notifying the Watch RF° for Police Towing and Storage Services #02 -14 doc PRINTED ON RECYCLED PAPER 7 .( i n Administrative Services Department ^ITY OF EL SEGUNDO — REQUEST FOR PROPOSAL Risk Management/Purchasing olice Towing and Storage Services, RFP No. # 02 -14 J Richard Hogate, Risk Manager /Purchasing Agent Phone 310/524 -2339 Fax 310/322 -2756 Commander at the El Segundo Police Department in advance of any tow service request to be handled by an Operator Such Alternate Operator(s) shall take any vehicle to the Operator's premises for storage. The City assumes no financial or other responsibility 'if this prior notification process is not followed, and the vehicle will not be released to the Alternate Operator. It is further understood that when such occasions occur and Operator cannot respond in a reasonable time, the Chief of Police or his designate, can make such arrangements to meet this emergency as he deems necessary. 1.8 Subcontractor /Assignment of Contract The contractor shall not subcontract any portion of this contract or any additions made to the contract without first receiving approval from the City. All persons engaged in towing work shall be considered employees of the contractor, with the supervisor being directly responsible for their work. The contract may not be assigned to another owner or entity without City approval. 1.9 Duties and Responsibilities 91 The Chief of Police will act as the contract administrator and will manage, coordinate, and administer the contract and verify completion of all towing operations specified in the contract document. He /She will also provide wntten notice of failure to perform the contract and indicate the amount to be deducted from the forthcoming progress payment. 1 9 2 The contractor's Leadworker /supervisor is responsible for the execution of the towing operations specified herein. He /She represents the contractor and is responsible for the supervision of the contractor's employees while they are performing the towing service. 1 9 3 Quality of Work All work shall be performed in accordance with the best towing, safety practices and standards of cleanliness The City shall inspect the work performed by the contractor and approve or reject the work performed Failure on the part of the contractor to correct poor workmanship or substandard performance will result in the initiation of a written notice of failure to perform and /or cancellation of contract. 1 10 Scope It is the intent of the following scope of work to provide all towing services, materials, supplies, tools, and equipment and transportation necessary to maintain all portions of the property specified in the contract It Is understood and agreed that only the highest possible industry standards of towing will be accepted and shall be consistently maintained R =o r❑- Police Towing and Storage Services #02 -14 doc PRINTED ON RECYCLED PAPER 8 1 4. Administrative Services Department CITY OF EL SEGUNDO — REQUEST FOR PROPOSAL Risk Management/Purchasing Police Towing and Storage Services, RFP No # 02 -14 J Richard Hogate, Risk Manager /Purchasing Agent Phone 310/524-2339 Fax 310/322 -2756 1.11 Disclosure of Information The contractor shall not issue or release for publication any articles, advertising or publicity matters relating to the services performed by the contractor hereunder or mentioning or implying the name of the City or its respective personnel, without the prior written consent of the City 1 12 Key Control 1 12 1 The contractor shall adequately secure the keys and other entry devices 1 12.2 The contractor shall not duplicate and shall not allow such items to be duplicated or removed from the site of the services. 1 12.3 The contractor shall immediately report any such item, which becomes lost, missing, broken, or stolen to the contract administrator. Should the contractor lose or have stolen any keys, the cost of changing locks, keys, or other devices will be bome solely by the contractor for work performed under this contract 1 13 The right of any vehicle owner involved in a traffic collision to call for tow service of his own choosing shall not be infringed upon so long as the removal of the vehicle can be made without undue delay In those cases where the owner of a damaged or abandoned vehicle chooses to have the City's tow service and vehicle storage operator transport such vehicle to a location other than the official police impound storage garage, this shall be a private matter to be arranged between the owner of the vehicle and the Operator. 1 14 If the owner of a vehicle ordered to be stored appears on the scene after the Operator has been called and prior to the Operator arrival, he /she can request immediate release of his/her vehicle upon obtaining permission from the Chief of Police or his designate. Once permission is obtained, the owner may take possession of his vehicle at no cost. If the Operator has arrived then compensation can be rendered 1 15 The Operator upon signing the Police Department vehicle custody report assumes full liability for the vehicle and its contents. It shall be the responsibility of the Operator to return all property, which has been removed, from the vehicle for temporary storage to the owner at the time of vehicle release M 1 16 The City reserves the right to Inspect the facilities, records, equipment and premises of the Operator hereunder at any time during the life of the agreement, in order to ensure that all the terms and conditions of these specifications are being satisfactorily met and complied with RAP for Police Towing and Storage Services #02 -14 doC PRINTED ON RECYCLED PAPER 9 t �: U Administrative Services Department CITY OF EL SEGUNDO — REQUEST FOR PROPOSAL Risk Management/Purchasing �olice Towing and Storage Services, RFP No. # 02 -14 J Richard Hogate, Risk Manager/Purchasing Agent Phone* 310/524 -2339 Fax 310/322 -2756 2.0 CONTRACT ADMINISTRATORS 21 The Chief of Police as contract administrator is who shall act on behalf of the City with respect to all aspects of this contract 2.2 The administration of this contract is vested wholly in the contract administrator The contract administrator shall have. complete authority to require the contractor to comply with all provisions of this contract. The contractor shall strictly and promptly follow the instructions of the contract administrator in every case. The contract administrator's decision upon all questions, claims, and disputes will be final and conclusive upon the parties of the contract. The contract administrator shall exercise any discretionary authority in a reasonable manner 2.3 The contractor shall provide the contract administrator free and easy access to inspect and measure the manner and progress of the services at all times and to inspect the types of tools, equipment, supplies and all other materials used in the performance of the towing services It is agreed that such inspection and measurement is not for the purpose of controlling or directing the services or employees of the contractor, but to assure that all services meet the requirements of the contract. 24 The contract administrator shall decide any and all questions which may arise as to conformance of and acceptability of tools, equipment, supplies, and all other materials and methods and procedures used in the performance of the towing services with regard to the requirements included herein The contract administrators shall decide all questions which may arise as to the interpretation of the contract documents relative to the services and the fulfillment of the contract on the part of the contractor. 25 The contract administrator will determine the amount and quality of the several kinds of services performed and material furnished which are to be paid for under this contract 3 0 OBLIGATIONS, WORKMANSHIP 3 1 Contractors must provide and /or currently possess the following prior to submitting bid Proposal 24 -hour answering service, central office /yard, two -way radio communication and excellent references from completing towing work for at least (1) other Public Agency Including at least three years' experience in providing Police Towing services 3 2 All contractors' towing workers must wear company uniform Uniforms must clearly identify the company's name All employees working during nighttime hours must wear O S H.A - approved vests and trousers with Scotchirte reflective striping 33 The contractor shall give his personal supervision to the work or have a competent supervisor on the lob site at all times during progress of the work, with authority to act RFC for Police Towing and Storage Seances 802 -14 doc PRINTED ON RECYCLED PAPER 10 4 J? r 1 4. M Administrative Services Department CITY OF EL SEGUNDO — REQUEST FOR PROPOSAL Risk Management /Purchasing Police Towing and Storage Services, RFP No. # 02 -14 J Richard Hogate, Risk Manager/Purchasing Agent Phone 310/524 -2339 Fax. 310/322 -2756 for him, be responsible for adherence to specifications and be available for consultation with the City's representative 34 All work shall meet with the approval of the Chief of Police. 3.5 Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the contractor; and if not corrected the City shall have the authority to take any remedial action necessary to obtain other towing services, it deems appropriate. 36 The contractor shall provide a work force, vehicles and equipment sufficient to complete the work as it is specified. 37 The contractor shall provide proper traffic control at all times while working on public right of ways to provide a safe environment for all parties concemed 38 The contractor will report without delay and damage to City equipment or property and shall be held responsible for the replacement of any said damage caused by his act hereunder 4 0 OPERATOR SERVICE REQUIREMENTS 41 Operate on a 24 -hour, 365 days per year basis any emergency or routine towing service without delay in response to Police Department request for service. 42 The City of El Segundo shall have the right to inspect all books and records pertaining to the contractor's charges 43 Operate standard tow trucks and adequate equipment to handle any passenger vehicle, small truck, large truck, trailer, or similar heavy equipment 44 Operate a cable wench of sufficient size and capacity to retrieve vehicles, which have gone over embankments or off - traveled portions of roadways into inundated areas or other inaccessible locations 4 5 Operate and maintain a minimum of two (2) standard two trucks and tow truck drivers who will be available at all times with sufficient equipment to provide expeditious movement of disabled vehicles involved in mufti- vehicular collisions. 46 Operator shall provide tow service without cost to City when City owned vehicle up to one ton is towed 5 0 VEHICLES STORAGE REQUIREMENTS RFP for Police Towing and Storage Services #02 -14 doc PRINTED ON RECYCLED PAPER 1 1 1 I Administrative Services Department CITY OF EL SEGUNDO — REQUEST FOR PROPOSAL Risk Management/Purchasing Police Towing and Storage Services, RFP No # 02 -14 J Richard Hogate, Risk Manager /Purchasing Agent Phone 310/524 -2339 Fax. 310/322 -2756 51 At the time of bidding or within (30) days after award of bid the following facilities shall be provided within an eight -mile radius of the civic center of the City of El Segundo R:P to, Police Towing and Storage Services #02 -14 d= PRINTED ON RECYCLED PAPER 12 .1 �J ,.At Administrative Services Department CITY OF EL SEGUNDO — REQUEST FOR PROPOSAL Risk Management/Purchasing Police Towing and Storage Services, RFP No # 02 -14 J Richard Hogate, Risk Manager/Purchasing Agent Phone 310!524 -2339 Fax 310/322 -2756 5.2 Secure garage facility for impounded vehicles. The secured garage facility for impounded vehicles shall be available to house two vehicles within a fully enclosed building that shall be locked at all times These vehicles shall not be moved or touched in any manner after storage therein without the prior written consent of the Chief of Police, except by El Segundo Police Department swom personnel showing the proper identification. IT SHOULD BE NOTED THAT THESE VEHICLES CONSTITUTE CRIMINAL EVIDENCE AND ANY PERSONS TAMPERING WITH THE VEHICLES MAY BE PROSECUTED 5.3 Short-term secured storage The short-term secured storage yard facilities shall accommodate ten vehicles from El Segundo for at least ten (10) days. This area must be isolated from the normal storage area. 54 Long -term secured storage yard facilities Long -term secured storage yard facilities shall be provided for storing at least thirty vehicles from El Segundo for a period exceeding ten (10) days. 55 Storage lots and /or yards. Storage lots and /or yards shall be enclosed by a fence or wall of at least six feet in height constructed of material to be approved by the Chief of Police, shall be adequately illuminated during the hours of darkness; shall be locked at all times, shall have sufficient space to segregate hazardous vehicles Shall make all provisions necessary to ensure that the public is restricted from unescorted entry. Lots shall be located so as to be under constant surveillance of Operator or other security measures approved by the Chief of Police 56 If vehicles requiring storage in a secured building as outlined in Section 14, ILA, exceed the building storage capacity, the operator shall, prior to moving the vehicles, immediately contact the Watch Commander at the El Segundo Police Department to ascertain the appropriate disposition of the vehicles 5 7 Any property removed from a vehicle must be stored in a separate locked locker, and individual records maintained for each vehicle 5 8 The Operator shall submit to the Chief of Police a statement certifying whether the real property to be used by the Operator for the vehicular storage proposed herein is owned or leased, and if such property is being leased, it must be stated from whom it is leased and the expiration date of said lease 6 0 CITY OF EL SEGUNDO ADMINISTRATIVE SURCHARGE The City of El Segundo shall charge a 10% administrative surcharge of the gross receipts for all tow services, charges and vehicle storage. Fee is due and payable R =P for Police Towing and Storage Services #02-14 ooc PRINTED ON RECYCLED PAPER 13 3 1 "'ITY OF EL SEGUNDO — REQUEST FOR PROPOSAL olice Towing and Storage Services, RFP No # 02 -14 J Richard Administrative Services Department Risk Management/Purchasing Hogate, Risk Manager /Purchasing Agent Phone 310/524 -2339 Fax. 310/322 -2756 to the City of El Segundo ten (10) calendar days following each three (3) month period after the effect of the contract date for furnishing tow service and vehicle storage 7.0 OPERATOR ADMINISTRATION 71 The Operator shall maintain in his place of business records of all impounded and stored vehicles ordered by the Police Department and such records shall be available for review and /or audit to any authorized member of the Police Department and any persons specifically authorized in writing by the City Manager. Said records shall be subject to periodic audit. 72 Records shall include but not be limited to. 7.2 1 Police Department vehicle custody report, which shall be required on all police ordered storage Each report shall be time stamped at time of vehicle storage and at time of release. The Operator will forfeit first day storage charge If report is not time stamped. In all cases where a vehicle has been stored for less than two (2) hours, no daily storage shall be assessed 2.2 Copies of registered letters (where applicable). 7.23 Chart sheets listing tow charges and storage fees against each individual vehicle and when possible containing the owner's release (signature). The appropriate lien charge, it applicable, may be assessed to the vehicle owner at the time of the vehicle's release if the Operator has incurred such a charge as a result of lien proceedings initiated in the manner prescribed by law All lien charges collected by the Operator must be supported by documentation showing the Operator's cost NO PERSON TAKING CUSTODY OF A VEHICLE WITHIN TEN (10) DAYS (240 HOURS) OF THE TIME OF STORAGE OR IMPOUND (AS INDICATED BY TIME STAMP) SHALL BE CAUSE TO PAY ANY LIEN CHARGES OF ANY AMOUNT 7 2 4 A ledger account shall be maintained by date of impound, amount of each charge as a separate entry, and total of all charges for the City of El Segundo only Such entries shall be supported by the documents call for above 2 5 The records listed above shall be maintained in jacket files by month, by chronological date of impound and storage Such records shall be placed in storage and maintained for five (5) years from preparation and shall be made available as indicated above. 6 No work or contract shall be entered into between the Operator and the vehicle owner or his agent until the Chief of Police, or his designate has released the vehicle RFP for Police Towing and Storage Services #02 -14 doc PRINTED ON RECYCLED PAPER 14 131 Administrative Services Department CITY OF EL SEGUNDO — REQUEST FOR PROPOSAL Risk Management/Purchasing Police Towing and Storage Services, RFP No # 02 -14 J Richard Hogate, Risk Manager/Purchasing Agent Phone 310/5242339 Fax 310/322 -2756 7.2 7 All towing rates and other fees pursuant to this contract shall be posted in a conspicuous place where the public would transact business to obtain any vehicular release. 7.2.8 The Operator shall at all times comply with the existing ordinances of the City and such other ordinances as the City Council may enact, and shall conform to federal, state, and local laws now in effect or hereafter enacted, and shall obtain and maintain at this own cost and expense all necessary licenses and permits. 8.0 INSURANCE REQUIREMENTS 81 Comprehensive General Liability, Automobile Liability; Garage keeper's Legal Liability. During the term of the agreement the Operator at his own cost, shall provide and maintain comprehensive general and automobile liability insurance in full force and effect, ample in amount to cover all claims for property damage and all claims on account of the death or injury to any person who is not an employee of the Operator that may, or may be claimed to have arisen out of or by reason of the performance of the work of the Operator, and to cover all claims for personal loss and damage that may, or may be claimed to be a result of such death or injury and over all awards and judgments rendered for such death, injury, loss and damage. The minimum amounts of the comprehensive general and automobile liability insurance shall be one million dollars ($1,000,000.00) for each occurrence and property damage insurance shall be not less than $100,000 for each occurrence or such other amount as the Crty Manager deems sufficient In addition, Operator shall provide Garage keeper's legal liability coverage in an amount not less than $100,000 for each disabled vehicle and any property contained in such vehicle while being towed and during storage. 82 Before any contract is executed „the Operator must file certificates and endorsements with the City as required in these specifications. Commercial general liability insurance will meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 86. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name the City, its officials, and employees as "additional insureds” under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by the City will be excess thereto Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto) The Operator will furnish to the duly authenticated Certificates of Insurance evidencing maintenance of the Insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time Insurance must be placed with insurers with a current A M. Best Company Rating 4 RFP Tor Police Towing and Storage Services #02 -14 doc PRINTED ON RECYCLED PAPER 15 1 J y Administrative Services Department ^.ITY OF EL SEGUNDO — REQUEST FOR PROPOSAL Risk Management/Purchasing once Towing and Storage Services, RFP No. # 02 -14 J Richard Hogate, Risk Manager /Purchasing Agent Phone. 3101524-2339 Fax 310/322 -2756 equivalent to at least a Rating of "A :VII " The Operator will furnish to the duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A•VII " 8.3 The Operator shall defend, save, keep, and bear harmless the City and all officers and agents thereof from all damages, costs, or expenses in law or equity that may at any time arise or be set up because of damages, costs, or other expenses in law or equity that may at any time arise or be set up because of damages to property or of personal injury received by reason of or in the course of performing said work, which may be resultant by any act or omission upon the part of the Operator or any of said Operator's employees, or any subcontractor performing any of the work contemplated by the contract or by an other person. The certificates of liability insurance herein before referred to shall stipulate that the insurance applies to Operator's assumption of liability under this paragraph. -f Worker's Compensation Insurance The Operator shall at all times keep fully insured, at his own expense, all persons employed by him in connection with the performance of the contract as required by the provision of the labor Code of the State of California related to Worker's Compensation Insurance and shall hold the City free and harmless from all liability arising by reason of injuries of any employee of the Operator incurred n the course of employment hereunder The Operator shall file and maintain certificates with the City showing said insurance to be in full force and effect at all times during the course of the contract, and shall provide that in the event of expiration of proposed or cancellation of such insurance for any reason whatsoever, the City shall be notified by registered mail not less than thirty (30) days before expiration or cancellation is effective 85 Seller shall indemnify, defend, with counsel of the City's choice, protect, and hold harmless the City, its respective elected and appointed boards, officials, officers, agents, employees and volunteers (collectively `the City ") from and against any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs an expenses which they may suffer or incur or to which the City may become subject by reason of or arising out of an injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of or allegedly caused by the Seller's performance of or failure to perform any services under this agreement or by the negligent or willful acts or omission of the seller, its agents, officers, directors, subcontractors or employees, committed in performing the services under this agreement ,f" i RFo for Police Towing and Storage Services #02 -14 doc PRINTED ON RECYCLED PAPER 16 L J Administrative Services Department CITY OF EL SEGUNDO — REQUEST FOR PROPOSAL Risk Management/Purchasing Police Towing and Storage Services, RFP No. # 02 -14 J Richard Hogate, Risk Manager/Purchasing Agent Phone 310/524 -2339 Fax- 310/322 -2756 9.0 CHANGE OF OWNERSHIP The qualifications and abilities of the Operator to carry out the terms of this Agreement are of particular concern to the City. Therefore, the Operator shall not assign or otherwise transfer this Agreement nor shall it sell, convey or otherwise transfer, voluntarily, or involuntarily, the business, in whole or in part, without the express written consent of the City Council Such consent shall not be unreasonably withheld provided the successor is a responsible andAualified tow service operator and has by a valid and binding written agreement agreed to be bound by the provisions of this Agreement. 10.0 RFP PROPOSAL SHEET I, THE UNDERSIGNED HAVE READ AND UNDERSTANDS_THE.A`=ACktEn SPECIFICATIONS AND OFFERS TO PERFORM ALL THE DUTIES AND OBLIGATIONS REQUIRED OF THE TOW SERVICE AND STORAGE GARAGE OPERATOR BY THE PROVISIONS OF THE "SPECIFICATIONS FOR TOWING SERVICE AND STORAGE GARAGE, CITY OF EL SEGUNDO' DATED AND THE PROVISIONS OF ALL SECTIONS OF THE DEPARTMENT OF MOTOR VEHICLES AS IT RELATES TO TOW SERVICE AND THE STATE OF CALIFORNIA CIVIL CODE, AT THE PRICES AND FOR THE CONSIDERATION HEREIN PROVIDED AND TO TOW VEHICLES WHEN SO DIRECTED BY THE CITY OF EL SEGUNDO AT THE FOLLOWING PRICES. IF AWARDED THE CONTRACT, I AGREE TO PERFORM THE WORK IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE PROPOSAL: RATES AND CHARGES: (A) Police- ordered impound tow charges for motorcycles, passenger cars, SUV's, passenger vans, and pickup trucks up to 3/4 ton capacity during the hours of 8 :00 a.m. to 5:00 p.m. will be at the rate of* $ and during the hours of 5.00 PM to 8:00 AM will be at the rate of- 5 i�' . 0 o (B) Police- ordered impound tow charges for trucks (over 3/4 ton) heavy equipment during the hours of 8 :00 a.m to 5.00 p.m will be at the rate of 8 �5.DU and during the hours of 5:00 p m to 8:00 a.m. at the rate of RFP far °olice Towing and Storage Services #02 -14 doc PRINTED ON RECYCLED PAPER 17 1 Administrative Services Department CITY OF EL SEGUNDO – REQUEST FOR PROPOSAL Risk Management /Purchasing ,olice Towing and Storage Services, RFP No. # 02 -14 J Richard Hogate, Risk Manager/Purchasing Agent Phone 310/524 -2339 Fax 310/322 -2756 S C 5� VC, (C) Charge for police requested release: 1) Motorcycles 2) Passenger cars, vans SUV's, and trucks to 3/4 ton $ c) Trucks, and SUV's one (1) ton $ '{ — d) Heavy trucks and equipment (1 -1 /2 ton and over) $ (D) Where additional labor is required to facilitate the movement of the vehicle, it may be charged at the rate of: $ -2 a. P4G4, (E) Should the use of a "dolly" be required, the use thereof may be charged at the rate of. $ 5 Orr (F) Where the tow truck has been ordered, arrives at the scene and vehicle is released without towing services being performed, the charge for the tow truck response shall be (G) The charge for a vehicle release during normal operating hours of B 00 a.m to 5,00 p.m., Monday and Friday shall be a fee not to exceed for each service rendered, the amount of s during other than normal operating hours s RAP to- police Towing and Storage Services 802 -14 doc PRWTED ON RECYCLED PAPER 18 1 Administrative Services Department CITY OF EL SEGUNDO — REQUEST FOR PROPOSAL Risk Management/Purchasing Police Towing and Storage Services, RFP No. # 02 -14 J Richard Hogate, Risk Manager /Purchasing Agent Phone 310/5242339 Fax 3101322 -2756 (H) Storage of the following vehicles shall be charged at the rate per day of: 1) Motorcycles 2) Passenger cars, vans, SUV's, and pickup trucks up to 3/4 ton capacity 3) Trucks, and SUV's, one (1) ton 4) Trucks 1 -1/2 ton and over $ $ )S �?l $ 20. cM $ 2a vu 5) Any part of one day will constitute one day's storage. One day's storage shall be 24 hours from time of pick up to time of release. 2 LOCATION' (A) Short-term storage yard facilities are located at: 4622N1Ak, i- ,_,Aya-! L,A',v,Vr)A1E-_eA.gc26o (B) Impound garage facility is located at: 1+b 2 2_.,o.4 CLI r)4)- 42-A, � 026a (C) Storage facility for long -term impounds are located at I2 2i4A 121'n! A v L, LA i, „ynA 1- 6! A . 41 3 1 (we) hereby certify that I (we) own leasd/ (check one) the real property that will be used for A Short-term storage yard facilities Own ❑ Lease B Short-term garage facility Own ❑ Lease R =P for Police Towing and Storage Services #02 -14 doc PRINTED ON RECYCLED PAPER 19 Rjg � � 3 F, .0 0 ` Administrative Services Department ^.ITY OF EL SEGUNDO — REQUEST FOR PROPOSAL Risk Management/Purchasing once Towing and Storage Services, RFP No. # 02 -14 J Richard Hogate, Risk Manager/Purchasing Agent Phone 310/524 -2339 Fax: 310/322 -2756 C Long -term storage facility Own ❑ Lease V, 4 If leasing the property mentioned in 3 above, please state the following: Name of LesseorM..k EA.4-1 o! .A K D / Address of Lessoer 1751 R R R I'3��.6:'A 11.E,ToR R44eF.0 I . j vSCA Date of lease expiration V) 0 W.1�. v,5AKr (3)cf 53 63 5 1 hereby certify that I am able to comply with all requirements as listed on these proposal sheets that constitute my bid for the furnishing of towing service and storage garage facilities to the City of El Segundo for the period of four (4) years and three (3) one year options commencing 7AWEID'4�4= �. I ACKNOWLEDGE THE REQUIREMENT TO PROVIDE DOCUMENTATION AS CALLED OUT HEREIN The undersigned agrees to furnish above service in accordance with Notice Inviting Bids, Specification and Bid Form, which are intended to be read and interpreted as a whole. Company JAL✓ mii/oa g, i'*? Address 1+b Z2 4 A Q I- A4-r-- ,A tc,� Telephone No.6 -; S � E-mail address R °P for °once Towing and Storage Services #02 -14 ooc I By. A4049Z41-- ,MAJh Title D Fax/ 3 1r) 1:1 g_A -4 -2 ( Date- 07.) 5- D �) PRINTED ON RECYCLED PAPER 20 i 3 3 Administrative Services Department CITY OF EL SEGUNDO — REQUEST FOR PROPOSAL Risk Management/Purchasing Police Towing and Storage Services, RFP No # 02 -14 ` J Richard Hogate, Risk Manager /Purchasing Agent Phone 310/524-2339 Fax* 310/322 -2756 Firm name must appear hero 11.0 VENDOR QUESTIONNAIRE In submitting a proposal, each bidder shall also provide the following information: (Use additional sheets, If necessary ) Brochures and advertisements will not be accepted as a direct response to the questionnaire. A qualifying proposal must address all Items Incomplete proposals will be reiected Organization Describe your firm's qualifications to provide the service specified in this RFP. Be sure to include founding date (month and year) and brief history of firm, facility /office location, current number of employees (full -time and part - time); special equipment acquired for the work, firm's vision and mission statements, and key services offered. IN'?� I jA w (47, T . 4f. P , P F t1tP.44 ) 4 1 � ° 2L:764) References List a minimum of (1) client for whom you have been providing Police Towing services, preferably a Public Agency. For each reference, include organization name, address, and the name and telephone number of the contact person 4 rew ray= �� T �l� i 13�, G�_u .� . o ��rc.� j2. �,��✓�i 4, DU(�u.�v� RFP for Police Towing and Storage Services #02-14 doc PRINTED ON RECYCLED PAPER 21 CITY OF EL SEGUNDO — REQUEST FOR PROPOSAL 'ohce Towing and Storage Services, RFP No # 02 -14 J Richard Administrative Services Department Risk Management /Purchasing Hogate, Risk Manager/Purchasing Agent Phone 310/524 -2339 Fax* 310/322 -2756 Contract administrator: Indicate the name, title, telephone number, and years of experience of the individual who will be administering the contract, If awarded to your firm : c- Ah°-'' 9)o) 541 - -2 4I� AT j bw ;44 Emergency information: List names and telephone numbers contact after hours, on weekends or holidays. M014- C-- -,u+A :i Y) =y b) o) /5 41- 14 of persons that the City will need to G LAG i�- �o�zs4.L.�'zL�a►A�.s�f�.L =t�-) L3 hd — Firm name must appear here -- VENDOR QUESTIONNAIRE (Continued) Subcontracting Is your firm planning to subcontract portions of the work? Yes No Ll_ . If yes, indicate the name of the subcontractor(s) and the portion of the work that will t; _ subcontracted in each case Employees How many employees do you plan to hire or retain to provide the services specified In this RFP? Are they going to be permanent full -time or part-time employees? How long must a part-time employee work in your firm to become a permanent full -time employee? What percentage of your staff is currently employed full -time on a permanent basis? o (uLL i i M )- b 124 1 .5'0 pli-C �S RFP for Police Towing and Storage Services #02 -14 doc PRINTED ON RECYCLED PAPER 22 y �+ 1 o Administrative Services Department CITY OF EL SEGUNDO — REQUEST FOR PROPOSAL Risk Management/Purchasing Police Towing and Storage Services, RFP No. # 02 -14 J Richard Hogate, Risk Manager /Purchasing Agent Phone 3101524 -2339 Fax 3101322 -2756 Business license Include with your submittal a copy of your firm's current business license (Be sure to include a copy of same for any subcontractor listed above.) Certificate of Insurance. The Contractor must have insurance meeting the minimum insurance requirements set forth herein (see Bidder Requirements On -Site Services). Include a copy of your firm's insurance certificate or a letter from surety stating that your firm is insurable for the limits required if awarded the contract. A certificate of insurance must be furnished to the City within fourteen (14) days after notification of award. Clarification, Exception or Deviation: Each bidder may clarify or describe any exception or deviation from the requirements as set forth herein. Each clarification, exception or deviation must be clearly identified and submitted with your Proposal response. If there is no clarification, exception or deviation indicated, it will be considered that none exists. /VAIN RFP Tor Police Towing and Storage Seances #02 -14 doc PRINTED ON RECYCLED PAPER 23 L " BUSINESS LICENSE CITY OF LAWNDALE he Person firm of cotoamm below mfeed lrs prtl m be Ctty M LVmrlMs the ROOM moan W4 s WnbY ip>n>• I home to n COY to or txmupL m rie City of a dale. Caftm. the hmtms, 00%. voc mm. poM Dade, teMomon, mdllNbon, show or esI deKI*W bola at ale Iacftm shown nd for the Pettm iftwed hum= of be Wmt don not cemMM. nor should d be mmldnd b be an ndlCinn MK In sohpd pemm or be me of the mblect Pnmm s n sny minermmmpl�aatllMhe lawsMSie Clly of larrltlals or Me County otLm Angelis sfm lM Smeol Ctbkrtm BUSINESS NAME: Manhattan Beach Towing 3USINESS LOCATION: 4622 Manne Ave Lawndak CA 90260 BUSINESS OWNER, Mohsen Maid MANHATTAN BEACH TOWING P BOX 1418 MANHATTAN BEACH CA 90266 Cl PWUWREO hVW- AiLARM DESCRIPTION: Tow Truck Dwfnwe Lk mm Number. 01836 ENecom Dm: 1211712001 Exoatlon Dam, 12131/2002 TO BE POSTED IN A CONSPICUOUS PLACE NOT TRANSFERABLE _ I I t i�i CERTIFICATE OF LIABILITY.INSURANCF.,w3w ° 00/20/01 IcBa THIS CERTIFICATE LR ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE INSURANCE SERVICES HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR X&TEL1 A AVENUE SUITE 212 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW ALAbaTOS CA 90720 -2819 ne• 562- 493 -3756 Pax :562 -493 -5163 ! INSURERS AFFORDING COVERAGE ED I INSURER A RLI Insurance Company INSURERS Manhattan Beach Towing HAM LLC, Inc. 4622 Marine Ave. Lawndale CA 90260 :RAGES INSURER D INSURER E POLICIES OF INSURANCE LISTED BELOW RAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTNRTNSTANDING REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR PERTAIN THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH CIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ME OF INSURANCE POLICY NUMBER PATE DATE MMNDOM LMITS ,ENERAL LUURLRY C ERCLAL GENERAL LIABILITY CLAIMS MADE 7000UR - EACH OCCURRENCE S FIRE DAMAGE (Any "An) S MED EXP (Any "II wi) S PERSONAL LADY INJURY S GENERAL AGGREGATE S _ ,EN L AGGREGATE LIMIT APPLIES PER I POLICY 77 JEC PRO- T LOC PRODUCTS - COMPIOP AGG $ UTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-0WNED AUTOS CPT 0001001 08 /21/01 08/21/02 COMBINED SINGLE LINT $1,000,000. OD BY JIURY 3 BODILY INJURY (PKAmuNI) $ PROPERTY DAMAGE (Plr ALL) S ARAGE LIABILITY yIANYAUTO CPT 0001001 08/21/01 08/21/02 AUTO ONLY- EAACCD]ENT 31,000 000 OTHER THAN EAACC AUTO ONLY AGG 31,000,000. $1 000 GOO :LESS LIABILITY I OCCUR r CLAIMS MADE l' DEDUCTIBLE I RETENTION S EACH OCCURRENCE 3 AGGREGATE S 3 S S ORKERS COMPENSATION AND 1PLOYERS LWBIIJTY ! TORY LMRS TH ER EL EACH ACCIDENT S EL DISEASE -FA EMPLOYEE S EL DISEASE - POLICY LMTT S HER K'C.T CPT 0001001 08/21/01 08/21/02 $100,000. TION OF OPERATIONSILOCATIONSNEHICLE &EXCLUSIONS ADDED BY ENDORSEMENTISPECA. PROVISIONS day notice of cancellation for nonpayment of premium. KATE HOLDER I N i ADDITIONAL INSURED, INSURER LETTER POLICEC Police Commission 150 N Los Angeles Street Sox 30158 Los Angeles CA 90030 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICRS BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SMALL IMPOSE NO OBLIGATION OR LABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES .L � au 1- a5-%02 =nB:.2 A:s&rkhczh 3L- 4kmzoc4wtam ACM- cic►IE W LJABlLmr lK SARJUIOSB i ASSOCIATES INSURRMCE 2350 K SBAW AVE #103 FRESNO, CA 93111 • 449 -8081 . D91NHA1AlJLTt - - RAMaEY bowR, INC. 4622 B9LRnM AVENUE T f.T MALE, CA 90260 NI UMB AFEOROM10 COV6UaE aLRww' STATE FM POURER a _ RISLmm c PIPI/iR D — _- TMPOUCESOFMfSLATANCEL .MMSELOYVWIVCBB NMVJWTO711EgOURMNME AOMMPM7WPM=PMWMICICATW NDTVATMSTANIMKi ANY REOLMIEMEWT TERA/ OR COMMON OF ANY COMING OR OT IR OOCUSIM? VMH ftMMCT TO V*WH TONS CERTWC M MAY W M= OR ANY PMTAIN THE INBURAICE APPOMMMY THE POLXXCB DMXW D MROWN a BUB+ECT TO ALL TIE TERMS EXCLLIBIOILS AND CONOMCM OF SUCH POLCES AGGRCOATELWTSSNO VAYIYLVEMMNM DUCEDBYPADCLOAS ' -x, rXMAT10N —MANQF , ILYlTS ,. WPE OF WE MAMMAL LIANKM dLCN OLTXM R CF f _ CafMIQKMLSOXNA_LLIAMUM PIMA I CMMBYAOC ( I OCCNI - mmomP (AWAAA �) f PWOINL iAOY aUUIr t _ OA{RM AOOAEDATE f f - - GENL AGGAMATG uwT APPLES PER PRODUCTS. crA~ AGO POLK.Y Lo. ALnMLCMLCLIABIMY CDMBWMSD"LMR f ANYAIRG (fiPPfwYIG .. �. ALL OW/Im AUTOS BODLYNAIRY f SCIITaLXCD AUTOS CPO fwwo mmm AYIGS BOOLYR"wf B AKIM4 MAIAUIW �� PPIUMBOR I�DAMAGE 2 GARAGE LNMLT! uROOMIY.BAACCCGW S OTMR7MAN VAA= At11DOKY _ ANYAMV s AGO f MLCBTPLMBIOILA lWo M EIICN OCGIRIL wcz s OCCLAi I I M.A SMAGE ACGILEOATF f OmUCTOLC ___ S RETEMXIN f f WORI®taCOMPlMBATIMANO LPATB l7l EMPLOYERTLIA&L" 01681510 05/16/02 05/01/03 Art wopw"omm QAifA®.RNE Cl lKM ACCIT>(Ml 1 � , 1♦ orNnsP�ewlmPeM EAOVAfP� EL OMEABF -F , • OO sP6CUL MO l6 tfq. EL IXGA6.POUC LlAf B rD00, orNER F3CRIPfgN OF OPEIIATKIAAI I=AMONG VCNCLUIEXCLUSION.: AMM BY EMMRMMENT ISPFCIAL PROVMOMS PER INSURED 15 REQUEST u EL BEGUNDO POLICE DEPARTMENT EL SEGVNDO, CA. ST200TRIB) AIDULD AMY OP TNL- ABLWF OL WJMM POLICIES EL CMEG I D BEiORE TIE EXMRAT DATE TMHIEGF TNS LIOLMO RIaMTER PIA I W"AVOR TO WIL30 kmY MIRGTL'N NOTICE TDTNG CGMU'CAM M.Mm NAMED TD 1 E LEFT SUI I.,M LIRE TD 00 aD MALL MMON NO OAUGATMN OR LW IW OF ANY I UPON TM MO)GS L, M AGO= OR u ,q 1 •' Z�' City of El Segundo .3NTRACTOR MANHATTAN BEACH TOWING DATE MAILED Below you will find a cheddlst relating to Insurance and other requirements that are included with the attached CAy's Pn>fieSspnal Services Agreement ( Contract) Only those rams checked off are required, however If yourstandard policies ehaceed the minimum requirements please Include. For complete Insurance and other requirement language see pertinent sections inside attadsd Professional Services Agreement ❑ Comprehensive General Liability, Including coverage for premises, products and completed operations, Independent contractors, personal injury and contractual obligations with combined single limits of coverage of at least $1.000.000 per occurrence ❑ Auto Liability, Including owned, non -owned and hired vehicles with ❑ At least $1.000.000 per occurrence ❑ At least $100.000 - 300.000 per occurrence ❑ As required by State Statutes A copy of your current policy must be submitted naming yourself and or your company ❑ Workers- Compensation Insurance as required by State Statutes (Not needed d Self - employed with no employees and CONTRACTOR signs statement to this effecL) ❑ Errors & omissions or Malpractice or Professional Liability depending on type of contractlservice At least $1.000.000 per occurrence ❑ Business License The CONTRACTOR shall agree to have a current City of E1 Segundo license on file at City Hall or purchase said license (at no cost to the City) See attached instructions and application on pages 15-16 Permits Plans must be approved and permd(s) issued (no fee) by the Community, Economic and Development Services Department If appropriate Call Building Manager a (310) 524 -2345 if you have questions ❑ Copy of valid picture I.D (Drivers license etc) PLEASE NOTE ALL APPLICABLE INFORMATION LISTED ABOVE MUST BE OBTAINED AND ON FILE, PRIOR TO THE ISSUANCE OF A CITY PURCHASE ORDER BEING SENT TO YOU (VIA FAX OR HARD COPY) BY THE PURCHASING AGENT, THUS AUTHORIZING COMMENCEMENT OF WORK FOR THE CITY Submitted by (complete all blanks) COLOR COPY REQUIRED BACK TO THE CITY Company Name By (Print name & title) MANHATTAN BEACH TOWING MOHSEN MAJD, OWNER Company Street Address Signature 4622 MARINE AVE. City, State, Zip Date LAWNDALE, CA 90260 Phone FAX 310 - 676 -3400 310- 978 -9621 Email Web site You can reach the Purchasing Agent with questions at (310) 524 -2339 or e-mail moeate0elseeundo ore The City of El Segundo - City Clerk's office is located 350 Main Street - Room 5, El Segundo, CA 90245 -3895 PSA Onginator /Conch CARLOS MENDOZA, SGT. Date psA process ateyted SEPTEMBER 05. 2002 rlepanrnent Head Approval ask Manager/Purchasing Agent approval Dale Approved Date Approved c Business License CM Clerk, task Manager/Purchasing Agent, RequesMg Dept - POLICE DEPARTMENT (1) PSA - Under $10,000 value t) r 4 «, AN AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this _ day of 2002, between the CITY OF EL SEGUNDO, a municipal corporation, hereinafter referred to as "City" and theMnNM TrnN BEACH TOWING hereinafter referred to as "Consultant" In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows 1. SCOPE OF SERVICES. Consultant agrees to perform the services set forth in Exhibit "A" "SCOPE OF SERVICES" and made apart hereof Consultant represents and warrants that it has the qualifications, experience and facilities to properly perform said services in a thorough, competent and professional manner and shall, at all times during the term of this Agreement, have in full force and effect, all licenses required of it by law, including, but not limited to, a valid El Segundo Business License. Consultants shall begin its services under this Agreement on , 2002 Consultant shall complete each of the services set forth In Exhibit A to the City's satisfaction If the City is not satisfied with any such services, the Consultant shall work on such matter until the City approves of the service Further, Consultant shall complete the services set forth in Exhibit A strictly according to the schedule provided therein 2. STATUS OF CONSULTANT. Consultant is and shall at all times remain as to the City a wholly independent contractor The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City Consultant shall not incur or have the power to incur any debt, obligation or liability whatever (11 PSA - Unaer $10 000 value 14 against City, or bind City in any manner Consultant shall not disseminate any information or reports gathered or created pursuant to this Agreement withoutthe pnorwritten approval of City except information or reports required by government agencies to enable Consultant to perform its duties under this Agreement 3. CONSULTANTS KNOWLEDGE OF APPLICABLE LAWS. Consultant shall keep itself informed of applicable local, state and federal laws and regulations which may affect those employed by it or in any way affect the performance of its services pursuant to this Agreement Consultant shall observe and comply with all such laws and regulations affecting its employees City and its officers and employees, shall not be liable at law or in equity as a result of any failure of Consultant to comply with this section. 4. PERSONNEL. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff assigned to perform the services hereunder and shall obtain the approval of the City Manager of all proposed staff members performing services underthis Agreement prior to any such performance 5. COMPENSATION AND METHOD OF PAYMENT. Compensation to the Consultant shall be asset forth in Exhibit "B" hereto and made apart hereof Payments shall be made in approximately thirty (30) days after receipt of each invoice as to all non - disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant in 30 days of receipt of an invoice of any disputed fees set forth on the invoice 6. ADDITIONAL SERVICES OF CONSULTANT. Consultant shall not be compensated for any seances rendered in connection with its performance of this Agreement which are in addition to those set forth herein or listed in Exhibit "A ", unless such additional services are authorized in advance and in writing by the City Manager Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization Is given to Consultant for the performance of (1) PSA - Unaer S10 000 value N said services. 7. ASSIGNMENT. All services required hereunder shall be performed by Consultant, its employees or personnel under direct contract with Consultant Consultant shall not assign to any subcontractor the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without the prior written consent of City Manager 8. FACILITIES AND RECORDS. City agrees to provide: suitably equipped and furnished office space, public counter, telephone, and use of copying equipment and necessary office supplies for Consultant's on -site staff, if any. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment 9. TERMINATION OF AGREEMENT. The Consultant's performance hereunder shall be completed by at which time this agreement shall terminate The City upon 30 days written notice or 120 days by contractor written notice may terminate with or without cause this Agreement In the event of such termination, Consultant shall be compensated for non - disputed fees under the terms of this Agreement up to the date of termination (1) PSA -Under $10 000 value 1� 10. COOPERATION BY CITY. All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Scope of Services, shall be fumished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement 11. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of, or in the event of termination, suspension or abandonment of, this Agreement, all original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall, become the sole property of City With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files 12. RELEASE OF INFORMATION /CONFLICTS OF INTEREST. A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization excepting that information which is a public record and subject to disclosure pursuant to the California Public Records Act, Govemmant Code 3 e250, et sec Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena f 11 PSA - Under 510 000 value Ir pot If Consultant or any of its officers, employees, consultants or subcontractors does voluntarily provide information in violation of this Agreement, City has the right to reim- bursement and indemnity from Consultant for any damages caused by Consultant's conduct, including the City's attorney's fees Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City City retains the right, but has no obligation, to represent Consultant and /or be present at any deposition, hearing or similar proceeding Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant However, City's nght to review any such response does not imply or mean the right by City to control, direct, or rewrite said response B. Consultant covenants that neither they nor any officer or principal of their firm has any interest in, or shall they acquire any interest, directly or indirectly which will conflict in any manner or degree with the performance of their services hereunder Consultant fwther covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or subcontractor without the express written consent of the City Manager 13. DEFAULT. In the event that Consultant is in default of any provision of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant ( 1) PSA - Under S10 000 value 14. INDEMNIFICATION. A. Consultant represents it is skilled in the professional calling necessary to perform the services and duties agreed to hereunder by Consultant, and City relies upon the skills and knowledge of Consultant Consultant shall perform such services and duties consistent with the standards generally recognized as being employed by professionals performing similar service in the State of California. B. Consultant is an independent contractor and shall have no authority to bind City nor to create or incur any obligation on behalf of or liability against City, whether by contract or otherwise, unless such authority is expressly conferred under this agreement or is otherwise expressly conferred in writing by City. City, its elected and appointed officials, officers, agents, employees and volunteers (individually and collectively, "Indemnitees ") shall have no liability to Consultant or to any other person for, and Consultant shall indemnify, defend, protect and hold harmless the Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, bens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims "), which the Indemnitees may suffer or incur or to which the Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of or allegedly caused by the performance or failure to perform by Consultant of Consuttant's services under this agreement or the negligent or willful acts or omissions of Consultant, its agents, officers, directors or employees, in performing any of the services under this agreement If any action or proceeding is brought against the Indemnitees by reason of any of the matters against which Consultant has agreed to indemnify the Indemnitees as (1) PSA -Under 510 000 value C 15 above provided, Consultant, upon notice from the CITY, shall defend the indemnihm at Consultant's expense by counsel acceptable to the City The Indemnitees need not have first paid any of the matters as to which the Indemnitees are entitled to indemnity in order to be so indemnified The insurance required to be maintained by Consultant under paragraph 15 shall ensure Consultant's obligations under this paragraph 14(b), but the limits of such insurance shall not limit the liability of Consultant hereunder The provisions of this paragraph 14(b) shall survive the expiration or earlier termination of this agreement The Consultant's indemnification does not extend to Claims occurring as a result of the City's negligent or willful acts or omissions CONSULTANT HAS READ THIS SECTION 14 IN ITS ENTIRETY AND KNOWINGLY AND WILLINGLY ACCEPTS THE OBLIGATIONS CONTAINED HEREIN INSURANCE. A. Insurance Requirements. Consultant shall provide and maintain insurance acceptable to the City Attorney in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives or employees Insurance is to be placed with insurers with a current A M Best's rating of no less than A VII Consultant shall provide the following scope and limits of insurance (a) Minimum Scope of Insurance. Coverage shall be at least as broad as (1) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001) (il) Insurance Services Office form number CA 0001 (Ed 1/87) covering Automobile Liability, including code 1 "any auto" and (1) PSA - Under $10 000 value ij Nook-ism ul endorsement CA 0025, or equivalent fors subject to the written approval of the City (iii) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the Consultant and all risks to such persons under this Agreement (Not needed if Self - employed with no employees.) (iv) Errors and omissions liability insurance appropriate to the Consultant's profession (b) Minimum Limits of Insurance. Consultant shall maintain limits of insurance no less than: (i) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the activities related to this Agreement or the general aggregate limit shall be twice the required occurrence limit (ii) Automobile Liability: Including ovmed, non -owned and hired vehicles for bodily Injury and property damage with (See cover letter (page 1) for actual dollar level Requirements)- At least $1,000,000 per occurrence $100,000 - $300,000 per occurrence As required by State Statutes A copy of your current policy must be submitted naming yourself and or your company ( I) PSA - Unaer S 10 000 value (iii) Workers' Compensation and Employer's Liability- Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident (iv) Errors and Omissions or Malpractice or Professional Liability: At least $1,000,000 per occurrence B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions (a) All Policies. Each insurance policy required by this paragraph 15 shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to the City (b) General Liability and Automobile Liability Coveranes. (1) City, its officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability ansing out of activities Consultant performs, products and completed operations of Consultant; premises owned, occupied or used by Consultant, or automobiles owned, leased or hired or borrowed by Consultant The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, or employees (ii) Consultant's insurance coverage shall be primary insurance as respect to City, its officers, officials, employees and volunteers Any insurance or self insurance maintained by City, its officers, officials, employees or volunteers shall apply in excess of, and not contribute with, Consultant's insurance f 11 PSA -Under S10 000 value (iii) Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability (iv) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers (c) Workers' Compensation and Employers Liability Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and agents for losses ansing from work performed by Consultant for City. C. Other Requirements. Consultant agrees to deposit with City, at or before the effective date of this contract, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf City reserves the right to inspect complete, certified copies of all required insurance policies, at anytime (a) Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides (b) Any deductibles or self- insured retentions must be declared to and approved by City At the option of the City, either the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the City, its officers, officials, employees and volunteers, or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims (11 PSA -Under S10 000 value (c) The procuring of such required policy or policies of insurance shall not be construed to limit Consultant's Lability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement U. ENTIRE AGREEMENT. This Agreement is the complete, final, entire and exclusive expression of the Agreement between the parties hereto and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein Each party to this Agreement acknowledges that no representations by any party which are not embodied herein and that no other agreement, statement, or promise not contained in this Agreement shall be valid and binding 17. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement Any litigation concerning this Agreement shall take place in the Los Angeles County Superior Court 18. ASSIGNMENT OR SUBSTITUTION. City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant by this Agreement In recognition of that interest, neither any complete nor partial assignment of this Agreement may be made by Consultant nor changed, substituted for, deleted, or added to without the prior written consent of City Any attempted assignment or substitution shall be ineffective, null, and void, and constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of this Agreement 19. AUTHORITYIMODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein This Agreement may be modified by written (1) PSA - Under $10 000 value 1 amendment. CITY's city manager, or designee, may execute any such amendment on behalf of CITY 20. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he /she/they has/have the authority to execute this Agreement on behalf of his /her/their corporation and warrants and represents that he /she/they has /have the authority to bind Consultant to the performance of rts obligations hereunder (1) PSh - Under 510 000 value 411 21. NOTICES. Notices shall be given pursuant to this Agreement by personal service on the parry to be noted, or by wnften notice upon such party deposited in the custody of the United States Postal Service addressed as follows Cltv City of El Segundo City Clerk's office 350 Main Street, Room 5 El Segundo, California 90245 -3895 Telephone (310) 524 -2307 Facsimile (310) 615 -0529 - Consultant Attention MOHSEN MAJD 4622 MARINE AVE. LAWNDALE, CA 90260 The notices shall be deemed to have been given as of the date of personal service, orthree (3) days after the date of deposit of the same in the custody of the United States Postal Service 22. SEVERABILITY. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of this Agreement 23. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer identification Number 24. NO THIRD PARTY BENEFICIARY. This Agreement and every provision herein is for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party There will be no incidental or other beneficiaries of any of CONSULTANT's or CITY's obligations under this Agreement (1 ) PSA - Unaer 510 000 value /,' 26. EFFECT OF CONFLICT. in the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, its attachments, the purchase order, or notice to proceed, the provisions of this Agreement will govern and control. 26. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning, it will not be interpreted strictly for or against either Party and will be interpreted as being drafted jointly by the parties IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written Company Name MANHATTAN BEACH TOWING By Title OWNER Phone 310 -676 -3400 Fax 310- 978 -9621 e-mail By Title Phone CITY OF EL SEGUNDO Department Head 11) PSA - Untler $10 000 value Fax e-mail CITY OF EL SEGUNDO City Manager 1" EL SEGUNDO CITY COUNCIL MEETING DATE: September 3, 2002 AGENDA REM STATEMENT AGENDA HEADING: Reports of Council Members — John Gaines %GENDADESCRIPTION: Consideration and possible action regarding a request for City Support and approval to hold a Parade to welcome the El Segundo Babe Ruth 13 -15 Year Old 2002 World Series Champion Baseball Team and El Segundo Babe Ruth 13 Year Old 2002 State Champion Baseball Team. RECOMMENDED COUNCIL ACTION. (1) Approve request; (2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION: The Coaches of the El Segundo Babe Ruth 13 -15 Year Old 2002 World Series Champion Baseball Team and El Segundo Babe Ruth 13 Year Old 2002 State Champion Baseball Team are planning a parade to be held down Main Street, on a Saturday afternoon (in approximately 3 weeks time), to welcome our champion baseball teams back from their triumphant win of the World Series In this connection, the organizers will be inviting all four World Series Champions from 1964, 1969, 1974 and 2002 to participate in the parade In the past, the City has held parades for our World Series Champions. This event is in the planning stages, and details will be provided as plans are firmed up. Staffing will be by volunteers but some police services will be required as well as street closures. ATTACHED SUPPORTING DOCUMENTS- FISCAL IMPACT Operating Budget Amount Requested Account Number. Project Phase Yes No ORIGINATED� DATE; August 29, 2002 John G- Gaines, Council Member REVIE BY DATE: August 29, 299, 2002 Mary Strenn�naaer �'ZZ" 14 4- 20 9400101, EL SEGUNOD CITY COUNCIL MEETING DATE: September 3, 2002 AGENDA ITEM STATEMENT AGENDA HEADING: Report - Mayor Gordon AGENDA DESCRIPTION Consideration and possible action regarding a request for a lease renewal by the Scout House Association RECOMMENDED COUNCIL ACTION (1) Discuss the Scout House Association's request (2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION' The Scout House Association has requested a lease renewal of 50 years for the City property where the scout house is situated on Grand Ave next to the Teen Center Staff is recommending a twenty (20) year renewal when the lease is upon June 19, 2010 The lease has been renewed for two consecutive twenty year terms since the original twenty year lease was signed in 1950 There have also been discussions with the Association regarding amending the lease to facilitate the development of the skateboard park on city land adjacent to the Teen Center game court currently leased by the association. ATTACHED SUPPORTING DOCUMENTS Letter from Scout House Association FISCAL IMPACT None Operating Budget Amount Requested Account Number Project Phase Appropriation Required _Yes x No ORIGINATED DATE. August Mike Gordon, Mayor BY TE Ll 21 i a5 EL SEGUNDO SCOUT HOUSE ASSOCIATION, INC. PO BOX 998 - PMB #717 325 EAST GRAND AVENUE EL SEGUNDO, CA 90245 (310) 322 -1069 ext. 103 July 31, 2002 Mayor Mike Gordon City of El Segundo 350 Main Street El Segundo, CA 90245 Re Lease Renewal Dear Mayor Gordon. ec .5I-AV RECEIVED AUG -5 2002 RECREATION & PARKS As per our continued discussions regarding the Skate Park development, the Board of Directors of the El Segundo Scout House Association, Inc. hereby requests that the City of El Segundo consider granting a 50 -year lease for the continued use of our facility, located at 325 East Grand Avenue. Founded in 1949, we are a 501(c)(3) non- profit organization that operates a highly successful youth program completely with volunteer labor Your consideration of this lease request will assure another 50 years of service to the youth of our community. Please advise in advance of any action or public communication regarding this issue, as many members of our community have expressed their desire to show support for our program to the elected and paid officials of our City. Please consider this fact in the selection of a facility adequate to house the expected crowds. You may reach me at my work number (310) 322 -1069 ext. 103, my mobile number (310) 345 -6314, fax (3 10) 322 -9588 or via e-mail at jim.mclees@mclees.com. Sincerely, El Segundo Scout House Assoc., Inc. James D. McLees Treasurer 7DM ms Y;z A 1'f k,