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2012 Feb 07 - 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. Any writings or documents given to a majority of the City Council regarding any matter on this agenda that the City received after issuing the agenda packet are available for public inspection in the City Clerk's office during normal business hours. Such Documents may also be posted on the City's website at www.elsegundo.org and additional copies will be available at the City Council meeting. 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 portions 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, FEBRUARY 7, 2012 — 5:00 P.M. Next Resolution # 4769 Next Ordinance # 1469 5:00 P.M. SESSION CALL TO ORDER ROLL CALL PUBLIC COMMUNICATION — (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. SPECIAL ORDER OF BUSINESS: 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) -1- matter. 1. City of El Segundo vs. City of Los Angeles, et. al. LASC Case No. BS094279 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -1- matter. 1. Claim 10 -35 - Wyle Initiation of litigation pursuant to Government Code §54956.9(c): -0- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 2- matters. 1. Personnel Evaluation: City Manager 2. Personnel Evaluation: City Attorney APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957) -0- matter. 0a CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -0- matter. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Govt Code §54956.8): -0- matter. 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. Any writings or documents given to a majority of the City Council regarding any matter on this agenda that the City received after issuing the agenda packet, are available for public inspection in the City Clerk's office during normal business hours. Such Documents may also be posted on the City's website at www.elsegundo.org and additional copies will be available at the City Council meeting. 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 portions 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, FEBRUARY 7, 2012 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER Next Resolution # 4769 Next Ordinance # 1469 INVOCATION — Assistant Pastor Mike Sternad, Calvary Chapel ll PLEDGE OF ALLEGIANCE — Mayor Pro Tern Bill Fisher PRESENTATIONS 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 B. PROCEDURAL MOTIONS Consideration of a motion Agenda by title only. Recommendation - Approval. to read all ordinances and resolutions on the SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING) 1. Consideration and possible action to conduct a Public Hearing regarding operating and capital outlay requests of $100,000 from the existing Citizens Option for Public Safety (COPS) Supplemental Law Enforcement Services Fund (SLESF) account by the Chief of Police. The grant requires that expenditures be utilized to supplement "front line law enforcement." Front line law enforcement includes funding special enforcement details, and purchasing equipment. (Fiscal Impact: $100,000 from COPS grant fund) _ Recommendation — 1) Open Public Hearing to consider funding requests from the Chief of Police; 2) Adopt Resolution approving the use of COPS grant funds to purchase equipment related to supplementation of "front line law enforcement;" 3) Alternatively discuss and take other action related to this item. 5 2. Consideration and possible action to conduct a Public Hearing regarding the acceptance of $194,000 in grant funding from the U.S. Department of Homeland Security (DHS), Buffer Zone Protection Plan (BZPP) under the Infrastructure Protection Activities (IPA) for Federal Fiscal Year 2009. (Fiscal Impact: $01 Recommendation — 1) Open Public Hearing to consider authorizing the acceptance of $194,000 in grant funds from the FY2009 BZPP grant program; 2) Adopt a Resolution authorizing the City Manager to sign the Subrecipient Agreement (SA) with the County of Los Angeles; 3) Alternatively discuss and take other action related to this item. C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 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. 3. Warrant Numbers 2585937 to 2586107 on Register No. 8 in the total amount of $564,864.455 and Wire Transfers from 01106/12 through 01/19/12 in the total amount of $ 2,422,874.57. Recommendation — Approve Warrant Demand Registers 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. 4. Regular City Council Meeting Minutes of January 17, 2012 and Special City Council Meeting Minutes of January 13, 2012. Recommendation — Approval. 5. Consideration and possible action to adopt Ordinance No. 1468 approving new Class Specifications for the at -will positions of Director of Community Services and City Librarian, and reorganization of the Library Department and the Recreation and Parks Department into the Community Services Department. (Fiscal Impact: $0). Recommendation — 1) Second reading by title only and adopt Ordinance No. 1468; or 2) Alternatively, discuss and take other action related to this item. on 6. Consideration and possible action regarding authorization for the Police Department to replace one patrol vehicle currently due for replacement. The vehicle is identified in the Equipment Replacement Fund and was scheduled to be replaced in 2009. (Fiscal Impact: $35,614) Recommendation — 1) Authorize the Police Department to replace one patrol vehicle which is currently overdue for replacement; 2) Pursuant to El Segundo Municipal Code §1 -7 -10, waive the bidding process and authorize the City Manager, or designee, to execute an agreement in a form approved by the City Attorney with Bob Wondries Ford; Wondries Fleet Group in accordance with an existing Los Angeles County Sheriffs Department contract; 3) Alternatively, discuss and take other possible action related to this item. 7. Consideration and possible action to approve continuation of the steps necessary to complete the emergency repair and replacement of the netting and poles at "The Lakes" Golf Course Driving Range. (Fiscal Impact: $420,000.00) Recommendation — 1) Approve the continuation of the steps necessary to complete the emergency repair and replacement of the netting and poles at "The Lakes" Golf Course Driving Range, or 2) Alternatively, discuss and take other possible action related to this item. 8. Consideration and possible action regarding approval of an amendment to Agreement No. 3874 with AKM Consulting Engineers for engineering services to complete the design for the upgrade of sanitary sewer pump station No. 1 and possible elimination of pump station No. 7. (Fiscal Impact: $47,136.00) Recommendation — 1) Authorize the City Manager to execute an amendment with AKM Consulting Engineers for an amount not to exceed $47,136.00; 2) Alternatively, discuss and take other action related to this item. 9. Consideration and possible action regarding a request from the El Segundo Chamber of Commerce to waive City fees and costs in the amount of $800.00 in accordance with ESMC Section 8 -8 -7 D1 for the El Segundo Chamber of Commerce Downtown Cruise event. (Fiscal Impact: $800.00) Recommendation — 1) Approve the request from the El Segundo Chamber of Commerce to waive $ 800.00 in City fees and costs; 2) Alternatively, discuss and take other action related to this item. 10. Consideration and possible action regarding adoption of plans and specifications for the City of El Segundo Energy Retrofit Project. Project No. PW 12 -01 (Fiscal Impact: $108,723) Recommendation — 1) Adopt Plans and Specifications; 2)Authorize staff to advertise the plans for receipt of construction bids; 3) Authorize the City Manager to sign a professional Services Agreement with GES Solutions, LLC to provide technical support services for $10,616; 4) Alternatively, discuss and take other action related to this item 7 7 11. Consideration and possible action regarding a request from the El Segundo Co -op Nursery School to waive the 2012 and 2013 banner fees per El Segundo Municipal Code section 8 -8 -7 D1. (Fiscal Impact: $178.00) Recommendation — 1) Approve the request to waive the 2012 and 2013 banner fees per El Segundo Municipal Code Section 8 -8 -7 D1; 2) Alternatively, discuss and take other action related to this item. 12. Consideration and possible action to approve the proposed changes to the South Bay Cities Council of Governments (SBCCOG) Joint Powers (JPA) Agreement and review changes made to the SBCCOG By -Laws by the Board of Directors. (Fiscal Impact: 0) Recommendation — 1) Staff recommends that the City Council approve the proposed changes to the South Bay Cities Council of Governments (SBCCOG) Joint Powers Authority (JPA) agreement and review changes made to the SBCCOG By -Laws by the Board of Directors; 2) Authorize the Mayor to sign the amended Joint Powers Agreement; 3) Alternatively, discuss and take other action related to this item. 13. Consideration and possible action to receive this report regarding the emergency repair of the hydraulic /electric swivel on the Fire Department Ladder Truck according to El Segundo Municipal Code 1 -7 -12. Fiscal Impact: $14,437.00) Recommendation — 1) Receive and file this report regarding the emergency repair of the hydraulic /electric swivel on the Fire Department Ladder Truck; 2) Alternatively, discuss and take other possible action related to this item. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS 14. Consideration and possible action regarding the Fiscal Year 2010 -2011 Yearend Report and FY 2011 -2012 First Quarter Financial Review. Fiscal Impact: none) Recommendation — 1) Receive and file FY 2010 -2011 Yearend and FY 2011- 2012 First Quarter Financial Review; 2) Alternatively discuss and take other action related to this item 8 $ 15. Consideration and possible action to: 1) provide preliminary direction on the list of 14 proposed Capital Infrastructure Projects and bring back to Council for final action as part of final approval of financing for projects; 2) authorize staff to conduct a Request for Proposal process for selection of a Financial Advisor; 3) authorize the City Attorney's Office to conduct a request for proposal process for selection of municipal finance counsel to assist with the financing of the projects; 4) direct staff to prepare the necessary ordinance, resolution and job descriptions for one new, potentially at -will, position in the Engineering Division to carry out implementation of the proposed projects and 5) approve one at -will position in the Engineering Division for City Engineer to carry out implementation of the proposed projects. (Fiscal Impact: $15,152,282 (future) for the proposed projects; $75,000 for Financial Advisor and $163,250 for two new, at -will positions funded for six months of Fiscal Year 2011 -2012) Recommendation — 1) Provide preliminary direction on the list of 14 proposed Capital Improvement Projects and bring back to Council for final action as part of final approval of financing for projects; 2) Authorize staff to conduct a request for proposal process for selection of a Financial Advisor; 3) Authorize the City Attorney's Office to conduct a request for proposal process for selection of municipal finance counsel to assist with the financing of the projects; 4) Direct staff to prepare the necessary ordinance, resolution and job description for one new, potentially at -will, positions in the Engineering Division to carry out implementation of the proposed projects; 5) Approve one at -will position in the Engineering Division for City Engineer to carry out implementation of the proposed projects; or 6) Alternatively, discuss and take other possible action related to this item. G. REPORTS — CITY MANAGER H. REPORTS — CITY ATTORNEY I. REPORTS — CITY CLERK J. REPORTS — CITY TREASURER K. REPORTS — CITY COUNCIL MEMBERS 9 9 Council Member Fuentes — Council Member Brann — Council Member Jacobson — Mayor Pro Tern Fisher — Mayor Busch — PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have receive 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. 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 seq.) 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. REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED: DATE: a -l- 6,2 TIME: 1415 Pr" NAME:Oq R) 10 10 EL SEGUNDO CITY COUNCIL MEETING DATE: February 7, 2012 AGENDA STATEMENT AGENDA HEADING: Special Orders of Business AGENDA DESCRIPTION: Consideration and possible action to conduct a Public Hearing regarding operating and capital outlay requests of $100,000 from the existing Citizens Option for Public Safety (COPS) Supplemental Law Enforcement Services Fund (SLESF) account by the Chief of Police. The grant requires that expenditures be utilized to supplement "front line law enforcement." Front line law enforcement includes funding special enforcement details, and purchasing equipment. (Fiscal Impact: $100,000 from COPS grant fund) RECOMMENDED COUNCIL ACTION: 1. Open Public Hearing to consider funding requests from the Chief of Police; 2. Adopt Resolution approving the use of COPS grant funds to purchase equipment related to supplementation of "front line law enforcement." 3. Alternatively discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: Resolution FISCAL IMPACT: Included in Adopted Budget Amount Budgeted: $100,000 Additional Appropriation: N/A Account Number(s): 120 - 400 - 0000 -3207 ORIGINATED BY: Brian Evanski, Captain* REVIEWED BY: Mitch Tavera, Chief of Poli APPROVED BY: Doug Willmore, City Managerr y BACKGROUND AND DISCUSSION: In 1996, the Legislature adopted Government Code §§ 30061 to 30064 to provide a block grant for law enforcement purposes. This legislation, known as the Citizens Option for Public Safety (COPS), requires a public hearing to consider the expenditure of funds. On September 2011, the City was awarded $100,000 in COPS grant farads. All funds received under this grant must be utilized to supplement law enforcement activities and cannot be used to supplant existing funding. In the past, the fonds have been used to purchase equipment directly used in "front line law enforcement" including replacement handguns, less - than - lethal shotguns, tasers, DUI enforcement, and mobile data computers. It is anticipated that these monies will be utilized during the upcoming fiscal year to purchase similar equipment and fund specialized enforcement plans. Proposed purchases of equipment or use of these funds must be approved by Council. Staff recommends the following items for approval by Council as possible utilizations to be made with the COPS grant funds. 1. Overtime funding for special enforcement details. 2. Purchase a locker system for patrol officers' deployment bags. 3. Fund a wellness training program coordinator for police personnel. 4. Purchase an ,Automated Vehicle Locator — GPS system for patrol vehicles. 5. Purchase tactical ballistic shields for patrol. 12 RESOLUTION NO. A RESOLUTION PROVIDING FOR THE IMPLEMENTATION OF THE CITIZENS OPTION FOR PUBLIC SAFETY (COPS) PROGRAM. BE IT RESOLVED by the Council of the city of El Segundo as follows: SECTION 1: The City Council finds as follows: A. Senate Bill 823 (SB 823) (Poochigian — Local law enforcement funding) was chaptered into law on April 6, 2002 for supplemental local law enforcement funding pursuant to the bill; B. SB 823 provides $100,000,000 statewide for the Citizens for Public Safety (COPS) Program; C. The County of Los Angeles has established a Supplemental Law Enforcement Service Fund (SLESF) in accordance with Section 30061 of the Government Code to receive SB 823 funds which have been allocated for use in Los Angeles County; D. The City of El Segundo participates in the COPS Program and receives its share of any funds available for the purpose of ensuring public safety; and E. The City has established its own Supplemental Law Enforcement Service Fund (SLESF) in accordance with Section 30061 of the Government Code; F. The City Council has conducted a public hearing to consider funding requests from the Chief of Police and shall determine the submitted requests as required by SB 823. SECTION 2: The City Council directs that the City maintain its own Supplemental Law Enforcement Service Fund (SLESF) as required pursuant to Government Code §§ 30061 and 30063. SECTION 3. The City Council requests that the City's share of the funding be allocated to SLESF for purposes of front -line law enforcement. SECTION 4: The City Clerk is directed to certify the adoption of this Resolution; record this Resolution in the book of the City's original resolutions; and make a minute of the adoption of the Resolution in the City Council's records and the minutes of this meeting. 13 SECTION 5: This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded. PASSED AND ADOPTED this _ day of . 2012. Eric Busch, Mayor STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, hereby certify that the whole number of members of the City Council of the City is five; that the foregoing Resolution No. was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the 7th day of February, 2012, and the same was so passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Cindy Mortesen, City CIE APPRC Mark D By: 14 EL SEGUNDO CITY COUNCIL MEETING DATE: February 7, 2012 AGENDA STATEMENT AGENDA HEADING: Special Orders of Business AGENDA DESCRIPTION: Consideration and possible action to conduct a Public Hearing regarding the acceptance of $194,000 in grant funding from the U.S. Department of Homeland Security (DHS), Buffer Zone Protection Plan (BZPP) under the Infrastructure Protection Activities (IPA) for Federal Fiscal Year 2009. (Fiscal Impact: $194,000) RECOMMENDED COUNCIL ACTION: Open Public Hearing to consider authorizing the acceptance of $194,000 in grant funds from the FY2009 BZPP grant program. 2. Adopt Resolutiom authorizing the City Manager to sign the Subrecipient Agreement (SA) with the County of Los Angeles. 3. Alternatively discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: Resolution FISCAL IMPACT: Included in Adopted Budget Amount Budgeted: $0 Additional Appropriation: Yes, $194,000 Account Number(s): 001- 300 - 0000 -3735 ORIGINATED BY: Scott Doukakis, Lieutenant REVIEWED BY: Mitch Tavera, Chief of Poli APPROVED BY: Doug Willmore, City Manager BACKGROUND AND DISCUSSION: In June of 2010, the State of California Office of Homeland Security (OHS) informed Los Angeles County the El Segundo grant had been approved. In December of 2011, the resolution between the State and Los Angeles County was finalized and the Police Department was notified of the Grant approval in the amount of $194,000. The State and County act as grant managers for this funding. All funds received under this grant must be utilized to supplement law enforcement activities and cannot be used to supplant existing funding. Furthermore, the grant requires the expenditures be utilized for the purchase of equipment to protect and harden critical infrastructure within the city per strict guidelines set forth by the Federal Emergency Management Agency (FEMA). 2 15 Under the grant, these funds are required to be utilized by March of 2012, to purchase the specified equipment per FEMA guidelines. Proposed purchases of equipment or use of these funds must be approved by Council. Staff recommends the following items for approval by Council as possible utilizations to be made with the BZPP grant funds. 1. Purchase a portable Automated License Plate Reader. 2. Purchase portable lighting. 3. Purchase portable generators. 4. Purchase an Automated Vehicle Locator — GPS system for patrol vehicles. 5. Purchase a satellite phone base station. 6. Purchase optical equipment. 16 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER AND POLICE CHIEF TO APPLY FOR, RECEIVE, AND APPROPRIATE GRANT FUNDS FOR ACQUISITION OF SECURITY DEVICES REQUIRED TO PROTECT PUBLIC HEALTH AND SAFETY. The City Council of the city of El Segundo does resolve as follows: SECTION 1: The City Council finds as follows: The City of El Segundo has been approved by Department of Homeland Security to receive grant funding from the Fiscal Year 2009/ 2010 Buffer Zone Protection Plan (BZPP) and Vulnerability Reduction Purchase Plan (VRPP) to address security concerns at critical infrastructures within the City. SECTION 2: The City Manager and Police Chief are authorized to apply for a grant of $194,000 from the Department of Homeland Security to be used for acquiring and installing security devices needed to protect public services and facilities. SECTION 3: The City Manager, or designee, is authorized to execute any required documents to receive the grant for the purposes identified herein. SECTION 4: The City Manager, or designee, is authorized to accept and spend the grant monies identified in this Resolution for the purposes set forth herein. SECTION 5: The City Council hereby amends or supplements the City's Budget for fiscal year 2011/2012 to appropriate the monies identified herein to pay for the security devices proposed by the City in support of its grant application. The City Manager, or designee, is authorized to implement the purpose of this section. SECTION 6: The City Clerk will certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. SECTION 7: This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded. PASSED AND ADOPTED this _ day of 2012. Eric Busch, Mayor 17 STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } SS CITY OF EL SEGUNDO 1, Cindy Mortesen, City Cleric of the City of El Segundo, California, hereby certify that the whole number of members of the City Council of the City is five; that the foregoing Resolution No. was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the 7th day of February, 2012, and the same was so passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: RN1VVWW Cindy Mortesen, City CIPAk 14 ! ! • 1 ■ 18 v m 2 II 00 D II m m II C) -n - 0) in O D !^ D r mmr m m W N.i a�.3 mn E mZ Z T w �� OCmma {a�x,00 p C n Waaimmv W enit u Z T .mil D m m m ° °° D m Z n W p r 9 D O m j O z O m ccczm zv�� Nz zpD m n T zsmaa ° mm m _iDzp ° -I O° m m p C m z m z p m O o Z m z z z D 0C, z -0 o `z Tmp 0 0 _ m Z < C C p 1 z z D < w j w - o O m m C) i T fD A y O W (Ji N O)O1W WOOOA N A (P Vl W N O O O O A wao -d o m C m o = m w rD C730C m D 71 m O J W m O 0 m 3 c c D L7 N C c 0 d Z 77 z W TD m m o En W a n mG N m o O m° mD rc o �- w n ° m R 3 m O cn N 00 om ww �m W a o z < ow o.a a O m 0 c O ,m m m C7 S m O X 0 N w a v w D O C �_ w m G D r ON a U w U d m C 3 w= a < w dw o _• av N m ro o n p o f; � m mw c m � m a m 3 m a Q vo=i 3 m w < w m w m �m C7 o O A m m m I Im zm m a 9 0 x m 0 A v 1 m O v 0 A 0 A v m m z0 an r z Z E m z 1 V1 N V m N+ W N+ W N+ (n N+ N N O+ Ip m V m 4T A N+ Oo m + J MZ v m D m pc pr y m p a v m n, D D v 3 0 0 3 m D a Z j0M w Dp ° mCmr D, OOOpqDm G7 ClD D0DD r mmr m m W N.i a�.3 mn E mZ Z 'gym z� 9 -Inm m mfA y Tl �� OCmma {a�x,00 W3°zZZFm'm z ° m cc��z. �cc�mmm�n Waaimmv W enit Z T .mil D m m m ° °° D m Z n W p r 9 D O m j O z m ccczm zv�� Nz zpD m n T zsmaa ° mm m _iDzp ° -I O° m m p C m z m z p m O o Z m z z z D 0C, z -0 o `z Tmp 0 _ m Z < C C p 1 z z D < D p D m m ° D m m C °> m ° C C. ° T fD A y O W (Ji N O)O1W WOOOA N A (P Vl W N O O O O A N N W tD N V A + Ol N VV N J In m C O W m 1V O A O N A W l l W J O N W 1 D [n (Afl m m m + 0 0 w O m O J W m O 0 D L7 D� mO T m �m O r A > N m A m O 00 z < OD 0 c O z m 0 a v D O G D r n w 0 T O J N D m m m z W 3 19 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 1/06/12 THROUGH 1/19/12 Date Payee Amount Description 1/6/2012 UB 7,467.84 PARS payment 1/6/2012 Manufacturers & Traders 192.31 IRA payment Vantagepoint 1/6/2012 Manufacturers & Traders 47,434.81 457 payment Vantagepoint 1/9/2012 State of CA EFT 1,047.21 EFT Child support payment 1/9/2012 Nationwide EFT 141,485.98 EFT 457 payment 1/9/2012 Cal Pers 454,621.15 EFT Health Payment 1/10/2012 West Basin 1,219,599.35 H2O payment 1/11/2012 Cal Pers 51,721.94 EFT Retirement Safety 1/11/2012 Cal Pers 35,380.68 EFT Retirement Misc 1/11/2012 Health Comp 2,858.31 Weekly claims 1/11/2012 Lane Donovan Golf Ptr 17,166.07 Payroll Transfer 1/17/2012 Health Comp 7,689.76 Weekly claims 1/19/2012 UB 8,020.39 PARS payment 1/19/2012 Manufacturers & Traders 192.31 IRA payment Vantagepoint 1/19/2012 Manufacturers & Traders 19,899.57 457 payment Vantagepoint 1/19/2012 IRS 223,258.27 Federal Taxes 1/19/2012 Employment Development 47,115.84 State Taxes 1/19/2012 Employment Development 3,706.81 State Taxes 1/20/2012 State of CA EFT 1,047.21 EFT Child support payment 1/20/2012 Manufacturers & Traders 1,425.02 IRA payment Vantagepoint 1/20/2012 Manufacturers & Traders 42,800.91 457 payment Vantagepoint 1/20/2011 La Salle 31,566.34 EFT ABAG 1/6- 1/19/12 Workers Comp Activity 57,176.49 SCRMA checks issued 2,422,874.57 DATE OF RATIFICATION: 02/07/12 TOTAL PAYMENTS BY WIRE: 2,422,874.57 Certified as to the accuracy of the wire transfers by: Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. PACity Treasurer \Wire Transfers\2012 \Wire Transfers 1- 19.xls 20 i Depuj Ciff I reasurer Date erector of Finance Date City Manager Date Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. PACity Treasurer \Wire Transfers\2012 \Wire Transfers 1- 19.xls 20 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JANUARY 17, 2012 — 5 :00 P.M. 5:00 P.M. SESSION CALL TO ORDER — Mayor Busch at 5:00 p.m. ROLL CALL Mayor Busch - Present Mayor Pro Tern Fisher - Present Council Member Fuentes - Present Council Member Jacobson - Present Council Member Brann - Absent PUBLIC COMMUNICATION — (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. SPECIAL ORDER OF BUSINESS: CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq.) 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) -1- matters City of El Segundo vs. City of Los Angeles, et. al. LASC Case No. BS094279 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -2- matter. Claim 10 -35 - Wyle Claim 11 -57 - Garton Initiation of litigation pursuant to Government Code §54956.9(c): -0- matter. d MINUTES OF THE REGULAR CITY COUNCIL MEETING • JANUARY 17, 2012 PAGE NO. 1 21 DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 0- matter APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957) -0- matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -1- matters Represented Group: Supervisory and Professional Association Negotiators: Doug Willmore, City Manager Deborah Cullen, Finance Director CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matters Council recessed at 6:05 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 17, 2012 PAGE NO. 2 22 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JANUARY 17, 2012 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Busch at 7:00 p.m. INVOCATION — Pastor John Svendsen, First Baptist Church PLEDGE OF ALLEGIANCE — Mayor Pro Tern Bill Fisher PRESENTATIONS (a) Mayor Busch presented a Commendation to City of El Segundo Fire Department Engineer Mitch Emerson for his courageous and exemplary actions in helping to foil a home burglary. (b) Presentation of trophies to the 2011 Holiday Parade winners by Julie Warner. Grand Marshal's Award — Legacy Dance Academy Best Musical Band — High School: El Segundo High School Marching Band Best Musical Band — Middle School: Will Rodgers Middle School Panther Marching Band Best Musical Band — Elementary: El Segundo Elementary Band Best Performers — Children: Legacy Dance Best Performers — Adult: South Bay Coastliners Best Holiday Spirit: Eagles Nest Pre - School Best Use of Theme: Dickens Christmas Singers ROLL CALL Mayor Busch - Present Mayor Pro Tern Fisher - Present Council Member Fuentes - Present Council Member Jacobson - Present Council Member Brann - 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. MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 17, 2012 PAGE NO. 3 23 Mike Robbins, Resident; spoke regarding the special meeting of January 13, 2012 and the subject matter discussed at that meeting. Loretta Frye, Resident; spoke regarding tax preparation service provided to Senior Citizens at the Josyln Center, February 7, 2012, and every Tuesday through April 10, by appointment. Linda Cohen, Resident, announced the El Segundo High School Band Comedy Night on February 4, 2012 at 6:00 p.m in the High School Auditorium and stated tickets were available tonight. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tern Fisher to read all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0 COUNCIL MEMBER BRANN ABSENT. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING) UNFINISHED BUSINESS REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 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. Approved Warrant Numbers 2585527 to 2585767 on Register No. 6 in the total amount of $708,754.92 and Wire Transfers from 12/09/11 through 12/22/11 in the total amount of $2,685,994.00; and Warrant Numbers 2585768 to 2585936 on Register No. 7 in the total amount of $779,630.59 and Wire Transfers from 12/23/11 through 01/05/12 in the total amount of $601,718.32. Authorized staff to release. Ratified: Payroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and /or adjustments; and wire transfers. 2. Approved Regular /Special City Council Meeting Minutes of December 20, 2011. 3. Received and filed report without objecting to the approval of an Administrative Use Permit to modify an existing Administrative Use Permit to expand the hours to sell beer, wine and distilled spirits at an existing market (Type 21 State of MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 17, 2012 PAGE NO. 4 24 California Alcoholic Beverage Control License) located at 601 Virginia Street. Applicant: Chaddeh Abboud. (Fiscal Impact: N /A) 4. Received and filed report without objecting to an expansion of an existing Alcoholic Beverage Control (ABC) license for on -site sale and consumption of alcohol (Type 41 Alcoholic Beverage Control License) at Rock and Brews restaurant located at 139 -147 Main Street. Fiscal Impact: N /A) 5. Approved continuation of the steps necessary to complete the emergency repair and replacement of the netting and poles at "The Lakes" Golf Course Driving Range. (Fiscal Impact: $420,000.00) 6. ITEM CONTINUED TO FEBRUARY 7, 2012 MEETING. 7. Waived minor irregularities in the bid and awarded a standard Public Works Contract No. 4214 to the lowest responsible bidder, United Paving Company, Inc. for the Maryland Street Improvement Project from Mariposa Avenue to Palm Avenue. Project No.: PW 11 -12. (Fiscal Impact: $153,000.00) Authorized the City Manager to execute a standard Public Works Contract in a form as approved by the City Attorney with United Paving Company, Inc., in the amount of $138,486. 8. Adopted Plans and Specifications for Installation of Fiber Optic Cable (Phase 2 for future I -Net connection) for non -City Hall City Facilities, Project No. PW 11- 13. Approved Capital Improvement Project. (Fiscal Impact: $130,000.00) Authorized staff to advertise the project for receipt of Construction Bids. A possible conflict on item number four and seven for Council Member Jacobson due to the location of his employer and real property. MOTION by Council Member Fuentes, SECONDED by Mayor Pro Tern Fisher to approve consent agenda items 1, 2, 3, 5, and 8. MOTION PASSED BY UNANIMOUS VOICE VOTE. 410. COUNCIL MEMBER BRANN ABSENT. CALL ITEMS FROM CONSENT AGENDA 6. Consideration and possible action to adopt Ordinance No. 1468 approving new Class Specifications for the at -will positions of Director of Community Services and City Librarian, and reorganization of the Library Department and the Recreation and Parks Department into the Community Services Department. (Fiscal Impact: $0) MOTION by Mayor Busch, SECONDED by Council Member Jacobson to hold this item over to the February 7, 2012 meeting. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER BRANN ABSENT. F. NEW BUSINESS MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 17, 2012 PAGE NO. 5 25 REPORTS — CITY MANAGER REPORTS — CITY ATTORNEY REPORTS — CITY CLERK - Announced the close of nominations for City Council, City Clerk, and City Treasurer. REPORTS — CITY TREASURER REPORTS — CITY COUNCIL MEMBERS Council Member Fuentes — Spoke about the Young Americans performance. Council Member Jacobson — Spoke about the Young Americans performance. Mayor Pro Tern Fisher — None Mayor Busch — Spoke about the Senior Drama Program, Dirty Rotten Scoundrels. PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have receive 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. Mike Robbins, Resident; requested an answer if the City will provide Chevron with a refund if they are paying more than their fair share of taxes, verses the residential properties. Michael Zislis, Rock and Brew, thanked the Council and the City for their very timely assistance in his expansion of the business. MEMORIALS — NONE CLOSED SESSION — NONE ADJOURNMENT at 7:32 p.m. Cindy Mortesen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 17, 2012 PAGE NO. 6 26 SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL FRIDAY, JANUARY 13, 2012 — 7:00 P.M. CALL TO ORDER — Mayor Busch at 7:00 p.m. PLEDGE OF ALLEGIANCE — Council Member Carl Jacobson ROLL CALL Mayor Busch - Present Mayor Pro Tern Fisher - Present Council Member Brann - Present Council Member Fuentes - Present Council Member Jacobson - Present 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 before addressing the City Council. Failure to do so is a misdemeanor and punishable by a fine of $250. Mayor Busch stated he recommended that the City Council take no action on the proposed ballot issue. A relationship has been established with Chevron to resolve this issue by June 1, 2012. He stated he felt confident that an equitable solution can be reached. He suggested that a subcommittee of Bill Fisher and Suzanne Fuentes be appointed to continue the negotiations with Chevron. Frank Semancik, General Manager of Chevron refinery stated that Chevron was 100% committed to resolving this issue without the necessity of bring the issue to the voters. He further stated his displeasure with the City on the manner in which Chevron was approached in December. Sandy Jacobs, Resident; representing the 5 former Mayors stated their support for Chevron and resolving this issue without the necessity of going to the ballot. Mike Robbins, Resident; spoke against placing a tax increase measure on the ballot. Marsha Hansen, Executive Director of the Chamber of Commerce; spoke against the placing of a tax measure on the ballot. Bill Watkins, Resident; supported Mayor Busch's recommendation. Chris Powell, Resident; supported Mayor Busch's recommendation.. UNFINISHED BUSINESS Consideration and possible action to negotiate an agreement with Chevron providing for payments and other consideration being given to the City in -lieu of the City placing a ballot measure on an upcoming election to increase taxes on Chevron's operations or take the actions necessary to place a ballot measure on the April 10, 2012 election to amend El Segundo Municipal Code ( "ESMC ") § 4 -2 -17 ( "Chemical, Petroleum, Cement or Cryogenic Products; Smelters or 27 Refineries "), and other related sections, for purposes of increasing the acreage tax contained in this code section. (Fiscal Impact: $10,327,200) MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tern Fisher to appoint an ad- hoc committee of Mayor Pro Tern Fisher and Council Member Fuentes to negotiate an agreement with Chevron to provide for payments and other consideration to the City in -lieu of the City placing a ballot measure on an upcoming election. MOTION PASSED BY UNANIMOUS VOICE VOTE. ADJOURNMENT at 7:20 p.m. Cindy Mortesen, City Clerk 2 28 EL SEGUNDO CITY COUNCIL MEETING DATE: February 7, 2012 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to adopt Ordinance No. 1468 approving new Class Specifications for the at -will positions of Director of Community Services and City Librarian, and reorganization of the Library Department and the Recreation and Parks Department into the Community Services Department. (Fiscal Impact: $0) RECOMMENDED COUNCIL ACTION: 1. Second reading by title only and adopt Ordinance No. 1468; or 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Ordinance No. 1468 FISCAL IMPACT: Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A PREPARED BY: REVIEWED BY: APPROVED BY: Doug Willmore, City Manager BACKGROUND & DISCUSSION: On December 20, 2011, City Council introduced an Ordinance approving new Class Specifications for the at -will positions of Director of Community Services and City Librarian, and the reorganization of the Library Department and the Recreation and Parks Department into the Community Services Department. If Ordinance is adopted without any changes, Ordinance No. 1468 will become effective in 31 days. 5 29 ORDINANCE NO. 1468 AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE §§ 1 -6- 3, 1 -6 -4, AND 1 -6 -5 REGARDING CITY DEPARTMENTS AND DEPARTMENT DIRECTORS. The city council of the City of El Segundo does ordain as follows: SECTION 1: ESMC § 1 -6 -3 is amended in its entirety to read as follows: "Sec. 1 -6 -3: CITY DEPARTMENTS: Effective March 9, 2012, the organization of city government consists of the following departments: City administration Finance department Community services department Fire department Human resources department Planning and building safety department Police department Public works department" SECTION 2: ESMC § 1 -6 -4 is amended in its entirety to read as follows: 1-6 -4: EXCLUSIONS: Those officers and members of departments in addition to department heads and elected officers who are expressly excluded from the merit system are: Assistant city manager City attorney City engineer City librarian City manager Construction coordinator Economic development analyst Economic development manager Property owner coordinator Senior executive assistant" SECTION 3: ESMC § 1 -6 -5 is amended in its entirety to read as follows: Page 1 of 3 30 "Sec. 1 -6 -5: DEPARTMENT HEADS: For the purpose of this chapter and for the purpose of initiative ordinance 586 and for the purpose of ordinances expanding the coverage of initiative ordinance 586, and not by way of limitation, effective March 9, 2012, the term "department head" includes: Assistant city manager Chief of police City manager Director of finance Director of human resources Director of community services Director of planning and building safety Director of public works Fire chief." SECTION 4: All references in the ESMC to the "director recreation and parks" or "recreation and parks director" mean the "director of community services." SECTION 5: Repeal of any provision of the ESMC herein will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance'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 Ordinance. SECTION 6: If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 7: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of El Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. Page 2 of 3 31 SECTION 8: This Ordinance will become effective on the thirty -first (31 st) day following its passage and adoption. PASSED AND ADOPTED this 7th day of February, 2012. Eric Busch, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 1468 was duly introduced by said City Council at a regular meeting held on the 20th day of December, 2011, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 7th day of February, 2012, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN:. Cindy Mortesen, City Clerk APPROVED Mark D. Hen By: // ' ,' Karl H. $erger, Assistant City Attorney I I Page 3 of 3 a' 32 EL SEGUNDO CITY COUNCIL MEETING DATE: February 7, 2012 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding authorization for the Police Department to replace one patrol vehicle currently due for replacement. The vehicle is identified in the Equipment Replacement Fund and was scheduled to be replaced in 2009. (Fiscal Impact: $35,614) RECOMMENDED COUNCIL ACTION: Authorize the Police Department to replace one patrol vehicle which is currently overdue for replacement. 2. Pursuant to El Segundo Municipal Code §1 -7 -10, waive the bidding process and authorize the City Manager, or designee, to execute an agreement in a form approved by the City Attorney with Bob Wondries Ford; Wondries Fleet Group in accordance with an existing Los Angeles County Sheriffs Department contract. 3. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: Wondries Fleet Group quote South Bay Regional Public Communications Authority (SBRPCA) quote Applied Products quote (Graphics) Los Angeles County Sheriff's Contract FISCAL IMPACT: Included in Adopted Budget Amount Budgeted: $35,614 Additional Appropriation: N/A Account Number(s): 601 - 400 - 3101 -8105 (Equipment Replacement) r-" ORIGINATED BY: Brian Evanski, Captain REVIEWED BY: Mitch Tavera, Chief of Poli APPROVED BY: Doug Willmore, City Manager BACKGROUND AND DISCUSSION: Police Department Staff has conducted a vehicle assessment in conjunction with fleet maintenance personnel and determined that patrol unit #4158 is in need of, and overdue for replacement. This determination was based on the age, mileage, overall condition, and repair history, as well as the needs of the Department. The cost to purchase and outfit the replacement patrol vehicle will not exceed $36,000, and the funding is available from the current equipment replacement account. �.s 33 In June 2011, the Los Angeles County Sheriff Department entered into an agreement and purchased 100 Ford Crown Victoria Police interceptor sedans from Bob Wondries Ford following a competitive bid process. The contract with Bob Wondries Ford; Wondries Fleet Group permits ether public agencies to acquire the Police Interceptor sedans at the same price as listed in the agreement. Staff therefore recommends the City waive the bidding process and purchase a new Ford Crown Victoria Police Interceptor sedan by piggybacking on the Los Angeles County Sheriff Department agreement. 34 LLh rim FLEET GROUP 1247'%/%J, Mbiri Street. P_D_ Bux 3050, Alh arribt E5, OA 9l BOO B=457/5590 B2B /457 -5593 Fax November 30, 2011 Mr. Gary Mullins City of El Segundo 350 Main St. El Segundo, CA 90245 Delivery Via Email Dear Mr. Mullins, In response to your inquiry, we are pleased to submit the following for your consideration: Wondries Fleet Group will sell, service and deliver at El Segundo, new /unused 2011 Crown Victoria Police Interceptor sedans responding to your requirement with the attached specifications for: Vehicle $ 22,740.00 each Ballistic panels $ 2,650.00 State sales tax $ 2,221.63 Tire Tax $ 8.75 Total $ 27,620.38 State Sales Tax and $8.75 tire tax (non - taxable). These vehicles are available under the Los Angeles County PO# DPO -SH- 11323318 -1. Terms are-net 30 days. Sincerely 1� 3� i U l'g . Li3 John Oviyach Wondries Fleet Group CHEVROLET lII155Al1t ("'TOYOTA X_XQWn1L u ) ' S. B. R. P. C. A. South Bay Regional Public Communications Authority 4440 W. Broadway Hawthorne, CA 90250 -3857 (310) 973 -1802 Fax: (310) 978 -0892 Fed ID: 95- 3142625 To: EL SEGUNDO POLICE DEPT 348 MAIN STREET EL SEGUNDO CA 90245 ATT: M 14 wk � 14 P Les ig, L0011 1'10'$ JTJ q- Quote No: 5767 Date : 11/03/2011 QTY DESCRIPTION UNIT PRICE AMOUNT DRAFT PROPOSED BUDGETARY ESPD FLAT TOP UNIT REPLACEMENT ** *REVISED FINAL * ** 1.0 SLIDE TRAY C- TTB -CV -F 265.00 265.00 1.0 CONSOLE C -AS -1525 131.67 131.67 1.0 TILT SWVL KEYBRD MNT C -MD -202 52.67 52.67 1.0 TILT SWVL IN DASH C -DMM -102 103.26 103.26 1.0 C -MM -204 DATA911 MNT MON 24.26 24.26 . 1.0 TRACK MOUNT FLOOR PLATE 80.101 8:0.01. 1.0 C -MM -301 MNT BKT MON 20.10 20.10 1.0 C -MM -207 MNT PLATE MON 20.79 20.79 1.0 C -TCB7 ARTIC ARM KYBRD 83.16 83.16 1.0 C- CUP2 -E -AS DUAL CUP HOLDER 27.03 2:7.03 2.0 M2C CLEAR INTERSECTOR ZEDS 108-.40 211.6.80 1.0 PUSH BUMPER 5038 162.49 162.49 1.0 ILS ( ILSFF -00006 ),FRONT CVPI 795.60 795.60 1.0 ILS (ILSFD00027) REAR DECK 774.00 774.00 i 36 Page 1 of 3 S. B. R. P. C. A. South Bay Regional Public Communications Authority 4440 W. Broadway Hawthorne, CA 90250 -3857 (310) 973 -1802 Fax: (310) 978 -0892 Fed ID: 95- 3142625 To: EL SEGUNDO POLICE DEPT 348 MAIN STREET EL SEGUNDO CA 90245 ATT: R T 11110 Les iS,', NP I - MI. Quote No: 5767 Date: 11/03/2011 .I •� i QTY DESCRIPTION UNIT PRICE AMOUNT 1.0 10 -RP CAGE FOR CVPI (PK0344CRV 419.30 419.30 1.0 LOWER EXT PANEL (STO0380CRV92) 38.50 38.50 1.0 T -RAIL DUAL GUN RACK CAGE MNT 204.30 204.30 1.0 AR LOCK 108.90 108.90 1.0 SHOTGUN LOCK 97.90 97.90 1.0 ADEC PRISONER SEAT FOR 2008 CV 362.00 362.00 1.0 ES100 SIREN SPKR 137.70 137.70 1.0 (ES8 -U) SIREN BKT 11.78 1,1.78' 1.0 WIG WAG UHF 2150A 42.24 4.2.24 1.0 USGT 27.20 27.20 1.0 UPKM 27.06 27.06 1.0 UMNCT -SB PA MIC 26.51 26.51 2.0 VERTEX VTX609C 73.80 147.60 1.0 VERTEX VTX609R 73::80 7.3-. &0 1.0 VERTEX VTX609B 73.80 73.8.0 1.0 MIRROR ZEDS SPLIT R/B MBPC98JJ 216.60 216.60 1.0 LOCKING TRUNK BOX SBSTYLE 400.00 400.QQ 7 Page 2 of 3 S. B. R. P. C. A. South Bay Regional Public Communications Authority 4440 W. Broadway Hawthorne, CA 90250 -3857 (310) 973 -1802 Fax: (310) 978 -0892 Fed ID: 95- 3142625 To: EL SEGUNDO POLICE DEPT 348 MAIN STREET EL SEGUNDO CA 90245 ATT: 1 T Quote No: 5767 Date : 11/03/2011 QTY DESCRIPTION UNIT PRICE AMOUNT 1.0 R1B BLUE -LED SINGLE (BUMPER) 146.40 146.40 1.0 RIR RED LED SINGLE (BUMPER) 146.40, 146.40 1.0 POWER CENTER CONTROL PANEL 277.40 277.40 1.0 WIRE LOOM HRDWR 450.00 450.00 1.0 SHIPPING EST 350.00 350.00 Subtotal 6,542.23 Sales Tax 5 41.82 Shipping & Handling 0.00 7:,084.05 ' TOTAL 38 Page 3 of 3 Page 1 oft White, Valerie (Officer) From; Mullins, Gary. - Sent: Monday, November 07, 2011 9 :19 AM To: Rick Panacek Cc: White, Valerie (Officer) Subject: Re: QUOTE FOR (GRAPHICS) NEW BLACK AND WHITE PATROL CAR Thanks Rick. j DOGO V On Nov 7, 2011, at 9 :07 AM, "Rick Fanacek" : O 4,' � {_ +, I +_ t jW LOS ANGELES COUNTY SHERIFF-- - ' PURCHASE ORDER Rcq(� - U h � o __,( X X lFO1C��.�%``: { ORDER NUMBER AWARD DATE PO -SH- 11323318 -1 06 /01 /11 BILL TO: ALL TERMS AND CONDITIONS IN THE SOLICITATION ARE PART OF THIS ORDER SHERIFF AS IF FULLY REPRODUCED HEREIN. ADDRESS ALL INQUIRIES AND CORRESPONDENCE TO COMM & FLEET MGMT BUREAU 15757 1104 N. EASTERN AVENUE DOOR #50 Contact: Anet Simonian LOS ANGELES CA 90063 Phone: 323 - 267 -2215 Email: asimonian@isd.lacounly.gov VENDOR NAME,STREET,CITY,STATE,ZIP CODE: SHIP FOB DESTINATION TO:(UNLESS SPECIFIED ELSEWHERE) SHERIFF BOB WONDRIES FORD 1104 N. EASTERN AVENUE 400 S. ATLANTIC BLVD DOOR #50 P.O. BOX 1131 LOS ANGELES CA 90063 ALHAMBRA CA 91801 -3642 PROCUREMENT FOLDER : 246045 CONTACT FOR DELIVERY INSTRUCTIONS (NAME, TELEPHONE) COMM AND FLEET MGMT BUREAU DELIVERY DATE FOB POINT AGENCY REQ. CONTRACT NUMBER TOTAL AMOUNT OF ORDER NUMBER 09/26/11 FOB Destination, Freight Prepaid and Allowed 15757P $2- ,762,417:25 DATE PRINTED VENDOR NO. PROMPT TERM 1 TERM 2 TERM 3 TERM 4 PAYMENT DISCOUNT: 10,00 DISCOUNT: ' DISCOUNT: DISCOUN�' 06/0112011 042117 TERMS DAYS: 30 DAYS: - © DAYS,,, 0 DAYS: 0 I LINE NO. COMMODITY /SERVICE DESCRIPTION QUANTITY UOM UNIT PRICE EXTENDED AMOUNT i NOTICE TO VENDOR: ALL ITEMS LISTED ON VENDOR PACKING SLIPS AND INVOICES MUST REFLECT THE CORRESPONDING PURCHASE ORDER COMMODITY LINE NUMBER. ALSO, THE ORDER NUMBER MUST BE REFERENCED ON ALL PACKING SLIPS AND INVOICES. 1 COMMODITY CODE: 070- 06 -00- 0000000 100.000 $ 25,071.000 $: 2,507,100.00 SUPPLIER PART NO: SALES TAX AMOUNT: - $ 244;442.25 1 DESCRIPTION: MAKE /MODEL: 2011 FORD P7B VEHICLE - SEDAN, POLICE PACKAGE, FRONT ENGINE, 4.6 LITER / V -8 ENGINE, 4 -SPEED AUTO, BLACK & WHITE --PER THE ATTACHED SPECIFICATIONS LABELED AS EXHIBIT A. 40 � � ƒ � ¥ @CD Ck rM■ LL2 s ■� § o 4) p�� as 2g� (n�0 2 O F-. F- CD � � O I- b. � . w.� K 0 7 � � L 41 d` LO } 5 2 § 2 9 K C % I. E % d` S 2 k q 2 f R o 2 6 Lq Cq � R 2 0_ # f� 2 & Q © 2 � k . . . . � L4 .� k \�22 k2» fkJb � 8$822 W /:ak 2 �� ®get �k3q RR /E2 %7 </ L §2 kwbCL K, 2 O F-. F- CD � � O I- b. � . w.� K 0 7 � � L 41 d` LO } 5 2 § t qnn 6 SOLICITATION REQUEST FOR BID RFB -IS- 11201188 -1 i BID DUE: _ OL INTERNAL SERVICES DEPARTMENT 05/26/11 12:00:00 PM Vendor No. = RETURN BID TO ADDRESS BELOW INTERNAL SERVICES DEPARTMENT ISD CENTRAL. PURCHASING 1100 N EASTERN AVENUE Please Mail to: RM 103 BID ROOM 1ST FLOOR L Wondrles Fleet -Group DS ANGELES CA 90063 1247 W. Main Street BUYER Anet 323- Simonian BUYER PHONE 323- 267 -2215 AlhAlhambra, CA 91801 DATE ISSUED 05/12/11 ambra, REQ. DEPARTMENT IS AGENCY REQ. NO. 15757P REQ. NO. RQN-SH- 11020011 FISCAL YEAR SCHEDULED BEGIN DATE SCHEDULED END DATE NUMBER OF COMMODITY LINES : 2 PROCUREMENT FOLDER 246045 15757P - VEHICLE - SEDAN, B/W - SPECS /00 Agabl TO BE COMPLETED BY VENDOR "7~ DELIVERY WILL BE MADE IN THIS NUMBER OF DAYS AFTER RECEIPT OF ORDER, 2. CASH DISCOUNT $L/ DAYS. CASH DISCOUNT OF LESS THAN 30 DAYS OR 25TH PROX, WILL BE CONSIDERED AS NET IN EVALUATING THIS BID. 3. HID BOND ATTACHED: iC`ERTIIFFIED CHECK ATTACHED: OTHER ATTACHMENTS: I� 4. BID REFERENCE NUMBER: i� /. D jI S p— ,(THIS NUMBER WILL APPEAR ON RESULTING ORDER OR CONTRACT) 5. PLEASE REMOVE FROM THIS COMMODITY CODE: ri G. FEIN OR SOCIAL SECURITY# REQUIRED: t ►* IMPORTANT •* IN ORDER TO RECEIVE AN AWARD, VENDORS ARE REQUIRED TO BE REGISTERED WITH THE COUNTY OF LOS ANGELES. VENDORS MAY REGISTER ONLINE ON THE COUNTY OF LOS ANGELES VENDOR REGISTRATION WEHSITE @C� H's'TP• / /CAMISIIR CO.L'A.CA.US /W.EEVEN/ USE OF A BRAND NAME AS SPECIFICATION IS NOT INTENDED TO RESTRICT COMPETITION. QUOTE IN ACCORDANCE WITH LITERATURE IAANDOYOUR STATEMENT WHEREIN SPECIFICATIONS DIIFFER, FUNCTIONAL CONSIDERED ADEQUATELY SUPPORTED FEASIBLE, FOR THIS PURCHASE. VENDORS ARE REQUIRED TO ENTER THEIR COMPANY NAME IN THE SPACE PROVIDED AT THE TOP OF EACH PAGE ON THIS SOLICITATION. VENDOR PHONE NUMBER: TITLE: DATE: (2 4 �- 5� � F Y SIGRE of BIDDER: \N (MUST BE SIGNED) 42 REQUEST FOR BID STANDARD TERMS & CONDITIONS ._ »r- `•' -�_ SO NO RFB -IS- 112 0 118 8 --1 1, 14��@ CD E : a too: PAGE Wondries Flee Group BID DUE: 05/26/11 12 :00:00 PM 2 1. Invit£bi "Itvered to County 'Purchasing Agent by 12;00 noon on the date shown above; at which Lime it wii11 be opene and, if requested, publicly read. Requests for ouotatioffis are to be delivered to Countp�► gw9g� �i ( d time shown above. There will kae no public opening or reading of these quotati 3 40 n top left -hand corner of this document.} 2. All bids shall be typewritten or in ink. No erasures permitted. Mistakes shall be crossed out and corrections typed /inked adjacent, dated and initialed. 3. State brand name or make on each item. If quoting other than item specified, include the manufacturer's name, a product description and model number. 4. Bid each item separately. Prices must be stated in units specified hereon. 5. Each bid must be in a separate sealed envelope with both the bid number and closing date plainly visible on the envelope. Bid must be received at the place, time and on the date specified. Bidders are responsible to assure each bid is properly marked and timely delivered. County assumes no financial obligations for preparation and submittal of bid. Submit bids as indicated hereon. Bidder shall be solely responsible for understanding the specifications and requirements. 6. Time of delivery is a part of the consideration and must be stated in definite terms and adhered to. If time varies on different items, bidder shall so state in the column provided opposite the item. Unless otherwise noted, "days for delivery" or "days from receipt of order' mean calendar days. 7_ An authorized officer or employee must sign with the Firm's name on all bids. obligations assumed by such signature must be fulfilled. S. Unless otherwise definitely specified, prices bid shall not include sales or use taxes. Bidder shall provide either the serial number or its retailer's permit to engage in business as a seller (if a CA company). Without one of these numbers, County will not pay sales /use tax direct to any Vendor. If Vendor is outside CA, the County will pay sales tax directly to the State. 9. All charges, packing and installation, must be included in the bid. No charges will be allowed unless specified in the bid. 10. County reserves the right to waive, at its sole discretion, any formality in the bidding or evaluation in order to expedite the process, accommodate minor error, or respond to unforeseen circumstances, and to reject any or all bids and to reject any items thereon. County may, at its sole discretion, cancel this solicitation at any time prior to award. 11. Section 2873 of the California Government code prohibits County from purchasing goods, wares or merchandise manufactured or produced or mined, in whole or in part, by state prisoners in states other than California, except prisoners on probation or parole. Your signature to your bid will be considered certification of full compliance with the Section. 12. If required, samples of items shall be furnished at no cost. Samples are not returnable; County will dispose of at its discretion. Unless specifically requested, bidders shall not submit samples. Cost of testing will be as stated herein. 13. Bids are subject to acceptance at any time within 30 calendar days of the closing date stated hereon, unless otherwise specifically stipulated. 14. County shall not return bids for change /correction after receipt. 15. Insurance, surety and performance bonds shall be in the amounts set forth hereon. 16. All factors being equal and to the extent authorized by law, County shall prefer products grown, manufactured or produced in the County of Los Angeles, and then in the State of California. To qualify for such preference, bids must definitely and conspicuously state whether the items are wholly or partially grown, manufactured or produced in the County of Los Angeles or the State of California. 17. Bids must include employer's identification number as assigned by the U.S. Treasury Department. 18. If you do not bid, return this solicitation ("Request") and state reason, or if you do not respond or do not submit a bid for (3 consecutive Requests, you may, at County's sole option, be removed from the mailing list. 19. Inspections and examinations or failure to so do is at bidder's sole risk. The specifications set forth herein are controlling and supersede any other information, oral or written, regarding this acquisition. 4 STANDARD TERMS & CONDITIONS I SO4NOSTR BR Sr�11201188 -1 COMP ®fifties Fleet-Group BID DUE: 05/26/11 12:00:00 PM PACE 20. Change or modif' 8Y8too s �Qa ficat Age or conditions to a or Request shall only be made by issuance of a wriLC eSS,����'' QQ��11ddt1 7�1 asingl Agent. No other change or modification, regardless of source, shall 'I be bind vised to bid on as set forth in this Request. 21. The purchase, if any, resulting from the Request shall be govened by the County's terms and conditions which are attached hereto. Unless County specifically agrees i r n writing, any other terms and conditions shall have no force or effect. 22. No County employee whose position in County service enables him /her to influence any award to your offer any competing offer, and no spouse or economic dependent of such employee, shall be employed in any capacity by the bidder herein, or have any other direct or indirect financial interest in any transaction resulting from this Request. 23. County reserves the right to designate the transportation carrier when common carriers are used in delivery, or make pick up by County truck if the point of origin is within the County of Los Angeles or an adjacent county. Failure to adhere to shipping terms a$ specified on the purchase Order or written agreement will result in deduction of additional handling costs from the invoice(s). 24. County may, at its sole option, select other than the low price bidder if, as solely determined by County, another bid is a more responsible and responsive offer. 25. County reserves the right to negotiate price, terms and conditions with the selected vendor. 26. This Request is a solicitation only, and is not intended or to be construed as an offer to enter into any contract or other agreement. No acquisition can be made without a purchase order. 27. County reserves the right to conduct a reasonable inquiry to determine the responsibility of a bidder. The unreasonable failure of bidder to promptly supply information in connection with such inquiry, including, but not limited to, information regarding past performance, financial stability and ability to perform on schedule, may, at County's discretion, he grounds for a determination of non - responsibility. 28. Community based enterprises are encouraged to bid. It is the County's policy that on final analysis and award, the Vendor shall be selected without regard to gender, race, creed or color. 29. All bids must include a complete "Request for Local SHE Preference Program Consideration and CBE Firm /Organization Information Form" and Attestation of Willingness to Consider Gain /Grow Participants Survey" attached hereto. Bids not including completed forms may, at county's option, be returned or the bidder may be required to provide complete forms prior to consideration. 30. Wherever possible, vendors are encouraged to subcontract portions of the work to responsible and qualified community Business Enterprise owned businesses and /or entities. 31. Bidders are reminded to thoroughly review all solicitation documents. 32. Prior to bid award, County reserves the right to request clarification of any bid. 33. The offering of gifts, excluding taken gifts of a promotional /advertising nature, or gratuities by bidder or any other agent or representative of bidder is strictly prohibited. 34. Each person by submitting a response to this solicitation certifies that such bidder /proposer and each County lobbyist and County lobbying firm, as defined by Los Angeles Code Section 2.160.010, retained by bidder /proposer is in full compliance with Chagter 2,160 of the Los Angeles County Code. A copy of Chapter 2.160 can be reviewed and downloaded from the £allowing webeite:. hk�:o:1/ nx us /catevoriu�aialnfulordirahte htm 35. subsequent to the County's evaluation, bids /proposals which were reqquuired to be submitted in response to the solicitation process become the exclusive property of the County. A11 such documents become a matter of public record and shall be regarded as public records_ Exceptions will be those elements in the California Government Code section 6250 et. seq. (Public Records Act) and which are marked "trade secret ", "confidential ", or "'proprietary ". The County shall not in any way be liable or responsible for the disclosure of any such records, including, without limitation. those so marked, if disclosure is required by law, or by an order is6aed by a court of competent jurisdiction.In the event the County is retuirad to defend an action on a Public Records Act request for any of the aforementioned documents, information, books, records, and /or contents of a proposal marked "trade secret ", "confidential ", or "proprietary" the Vendor agrees to defend and indemnify the County from all costs and expenses, including reasonable attorney's fees, in action or liability arising under the Public Records Act. 36. County's Quality Assurance Plan. The County or its went will evaluate Contractor's performance under this agreement on nest. less than an annual basis. Such evaluaticn will include assessing Contractor's compliance with all contract terms and performance standards. Contractor deficiencies which County determines are severe or continuing and that may place performance of the agreement in jeopardy if not corrected will be reported to the Board of Supervisors. The report will include improvement /corrective action measures taken by the County and Contractor. if improvement does not occur consistent with the corrective action measures, County may terminate this agreement or impose other penalties as specified in this agreement. 37. Bidder shall not and shall not authorize another to, publish or disseminate any commercial advertisements, press releases, feature articles, or other materials using the name of the County without the County's prior written consent. 38, Bidders/ Proposers Adherence to County's Child Support Compliance Program Bidders /proposers shall 1) fully comply with all applicable State and Federal reporting requirements relating to employment reporting for its employees; and 21 comply with all lawfully served wage and Earnings Assignment orders and Notice of Assignment and continue to maintain compliance during the term of any contract that may be awarded pursuant to this solicitation_ Failure to comply may be cause for termination of a contract or initiation of debarment proceedings against the non - compliant Contractor (County Code Chapter 2.202). 44 STANDARD TERMS & CONDITIONS c°mWbries Fleet -Group REQUEST FOR BID i -I SO NO :RFB -IS- 11201188 -1 BID DUE: 05/26/11 12:00:00 PM A'NMy'F>�TSpILLTERMSUBJECT AND CONDITIONS OF PURCHASE TERMS AND CONDITIONS OF PURCHASE: PAGE 1. CONDITIONS OF PURCHASE; This order shall be in accordance with these terms and conditions and any attachments hereto. No other conditions or modifications of these terms and conditions will be effective unless specifically agreed to in writing by the County of Los Angeles ( "County ") Purchasing Agent_ Failure of County to object to provisions contained in any acknowledgment, document or other communications from Vendor shall not be construed as a waiver of these terms and conditions or an acceptance of any such provision. 2. DELIVERY: Delivery shall be as stated herein. When using common carriers, County reserves the right to designate the transportation carrier. Failure on the part of Vendor to adhere to shipping terms specified hereon or contained in a written agreement for this purchase may, at County's discretion, result in additional handling costs being deducted from Vendor's invoice. Cost of inspection on deliveries or offers for delivery which do not meet specifications will be for the account of Vendor. Unless otherwise set forth herein, all items shall be suitably packed and marked. Purchase Order number must be on all shipping documents and containers. 3. INVOICES; Invoices shall include the Purchase Order number, which is located in the upper right hand corner of the Purchase Order. Invoices must state that they cover, as the case may be, complete or partial delivery, and must show units and unit prices. Invoices will not be paid unless and until the requirements have been fully met. When price shown is a delivered price, all transportation and delivery charges must be prepaid in full to destination_ 4. PRICE /SALES TAX: Unless otherwise specified herein, the prices herein do not include sales or use tax. No charges for transportation, containers, packing, unloading, etc_, shall be allowed unless specified herein. 5. PAYMENT TERMS: unless otherwise specified herein, payment terms are net 30 days from the date County receives a correct and proper invoice. In no event shall County he liable for any late charges, Cash discount periods shall be computed either from the date of delivery and County's acceptance or the date of County's receipt of correct and proper invoices, whichever date is later, prepared in accordance with the terms herein. S. WARRANTIES; vendor shall, at no cost to County, promptly correct any and all defects in the items /services provided hereunder. Vendor shall also reimburse County for any costs incurred as a result of defect(s). The term of this warranty shall be as set forth in the Purchase Order, or if no term is shown, ninety (90) days from the date of County's acceptance of the item /service. Vendor warrants that items may be shipped, sold and used in a customary manner without any violation of any law, ordinance, rule or regulation of any government or administrative body. 7. CANCELLATION; Unless otherwise specified herein, County may cancel all or part of this Purchase Order and /or Contract at no cost and for any reason by giving written notice to Vendor at least thirty (30) calendar days prior to scheduled delivery. A cancellation charge not exceeding one percent (11) of the value of the cancelled portion of the Purchase Order and /or Contract may be charged County for cancellation with less than thirty (30) days prior written notice. 0_ HAZARDOUS MATERIALS: Vendor warrants that it complies with all Federal, State and local laws, rules, ordinances and regulations concerning hazardous materials and toxic substances. 9. COVENANT AGAINST GRATUITIES: Vendor warrants that no gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by Vendor, or any agent or representative of Vendor, to any officer or employee of County with a view toward securing this Purchase Order or favorable treatment with respect to any determination concerning the performance of this Purchase Order. In the event of breach of this warranty, County shall be entitled to pursue the same remedies including, but not limited to, termination, against Vendor as it could pursue in the event of vendor's default. 10.0 CONFLICT OF INTEREST: 10.1 No County employee whose position with County enables such employee to influence the award of the Purchase Order or any competing agreement,and no spouse or economic dependent of such employee, shall be employed in any capacity by Vendor, or have any other direct or indirect financial interest an this Purchase Order. No officer or employee of Vendor, who may financially benefit from the award of this Purchase Order shall in any way participate in County's approval or ongoing evaluation of this purchase. 10.2 Vendor shall comply with all conflict of interest laws, ordinances and regulations now in effect or hereafter to be enacted during the term of this Purchase Order. Vendor warrants that it is not aware of any facts which create a conflict of interest. If Vendor hereafter becomes aware of any facts which might reasonably be expected to create a conflict of interest, it shall immediately make full written disclosure of such facts to County. Full written disclosure shall include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. 11. GOVERNING LAW AND VENUE: This Purchase Order shall he governed by and construed in accordance with the laws of the State of California. Vendor agrees and consents to the exclusive jurisdiction of the courts of the State of California for all purposes regardingg this Purchase Order, and further agrees and consents that venue of any action hereunder shall be exclusively in the County of Los Angeles, California. 12, INDEMNIFICATION: Vendor shall indemnify, defend and hold harmless County, its agents, officers and employees from and against any and all liability, expense, including defense coats and legal fees, and claims for damages of any nature whatsoever arising from or connected with Vendor's operations, goods and /or com m or services provided hereunder. This indemnity shall include, but not be limited to, claims for or by reason of any actual or alleged infringement of any United States patent or copyright or any actual or alleged trade secret disclosure. REQUEST FOR BID STANDARD TERMS & CONDITIONS p� p a 50 NO- RFB- IS- 11201168 -1 Q LO; PAGE nntirles Flees GrOUP BID Herr;: a5 /zs /11 12:00:00 PM 5 13. Ds A?A7T]��,r.CdiSYfR/�'R r �w/'tten notice to the Vendor, terminate the Purchase Order, if, in the judgment of the �f}iI�inbrllg CA X1801 P'� a. Vendor has materially breached the Purchase Order; or b. Vendor fails to timely provide and /or satisfactorily perform any task, deliverable, service, or other work required under the Purchase Order or fails to demonstrate a high probability of timely fulfillment of performance requirements, or of any obligations of the Purchase Order and in either case, fails to demonstrate convincing progress toward a cure within ten (10) working days for such longer period as the County may authorize in writing) after receipt of written notice from the County specifying such failure. In the event that the County terminates the Purchase order, the County may procure, upon such terms and in such manner as the County may deem appropriate, goods and services similar to those so terminated. The Vendor shall be liable to the County for any and all excess costs incurred by the County, as determined by the County, for such similar goods and services. The rights and remedies of the County shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Purchase Order. 14. INVALIDITY, REMEDIES NOT EXCLUSIVE: If any provision of this Purchase Order or the application thereof to any person or circumstance is held invalid, the remainder of this Purchase Order and the application of such provision to other persons or circumstances shall not be affected thereby_ The rights and remedies provided herein shall not be exclusive and are in addition to any other rights and remedies in law or equity. 15. COMPLIANCE WITH LAWS: The Vendor shall comply with all applicable Federal, State, and local laws, rules, regulations, ordinances, and directives, and all provisions required thereby to be included in this Purchase Order are hereby incorporated herein by reference. The Vendor shall indemnify and hold harmless the County from and against all liability, damages, costs. and expenses, including, but not limited to, defense costs and attorney fees, arising from or related to any violation on the part of the Vendor or its employees, agents, or subcontractors of any such laws, rules, regulations, ordinances, or directives. 1% 16. XONDISCRIMINATTON: By acceptance of this Purchase Order, Vendor certifies and agrees that all persons employed by it, its affiliates, subsidiaries, or holding companies are and will be treated equally by it without regard to or because of race, religion, ancestry, national origin, disability or sex and in compliance with all applicable Federal and State anti - discrimination laws and regulations. Vendor further certifies and agrees that it will deal with its subcontractors, bidders or Vendor without regard to or because of race, religlen, ancestry, national origin, disability Or sex. Vendor shall allow the County access to its employment records during the regular business 'tours to verify compliance with these provisions when so requested by the County. If the County finds that any of the above provisions have been violated, the same shall constitute a material breach of contract upon which the County may determine to cancel, terminate, or suspend the Purchase Order. The parties agree that in the event the Vendor violates the anti - discrimination provisions of the Purchase 0rder, the County shall, at its option and in lieu of termination or suspending this Purchase Order, be entitled to liquidated damages, pursuant to California Civil Code Section 1671, of the greater of ten percent (10%) of the Purchase order amount or one Thousand Dollars ($1,000). 11. FORCE MAJEURE: Neither party will be liable for delays in performance beyond its reasonable control including, but not limited to, fire, flood, act of God or restriction of civil or military authority. 18. NON- EXCLUSIVITY: Nothing herein is intended nor shall be construed as creating any exclusive arrangement with Vendor. This purchase Order shall not restrict the Purchasing Agent from acquiring similar, equal or like goods and /or services from other entities or sources. 19. MOST FAVORED CUSTOMER: Vendor represents that the prices charged County in this Purchase order do not exceed existing selling prices to other customers for the same or substantially similar items or services for comparable quantities under similar terms and conditions. 20. WAIVER: No waiver by the County of any breach of any provision of this Purchase Order shall constitute a waiver of any other breach or of such provision. Failure of the County to enforce at any time, or from time to time, any provision of this Purchase Order shall not be construed as a waiver thereof. The rights and remedies set forth in this provision shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Purchase order. 21. ACCEPTANCE; Unless explicitly stated by County as otherwise, County may conduct, at its location or any other County designated location and at its expense, an incoming acceptance test on all items purchased hereunder. The acceptance test period shall not exceed thirty (30) days from receipt of such item by County. County may, at its sole discretion, reject all or any part of items or services not conforming to the requirements /specifications stated in this Purchase Order. 22. SPARE PARTS: Unless otherwise set forth herein, Vendor shall make spare parts available to County for a period of two (2) years from the date of delivery of the items to County. If Vendor is unable to so provide spare parts, it shall provide County with the name(s) of Vendor's suppliers so that County may attempt to procure such parts directly. In the event of such unavailability, Vendor shall provide, at no cost, reasonable assistance to County in obtaining spare parts. 23. ENTIRE AGREEMENT MODIFICATIONS: This Purchase Order and any attachments hereto, constitutes the complete and exclusive statement of the parties which supersedes all previous agreements, written or oral, and all communications between the parties relating to the subject matter hereof. This Purchase Order shall not be modified, supplemented, qualified or interpreted by any prior course of dealing between the parties or by any usage of trade. Only County's Purchasing Agent can make changes or modifications by issuance of an official change notice. 02 STANDARD TERMS & CONDITIONS vVo- -dries Fleet -GrOUP REQUEST FOR BID SO NO ": RFB- IS- 11201188 -1 BID DUE. 05/26/11 12:00.00 PM PAGE 24. 1NDL+PEN01it }NT cTaa 5 u � urcha :e order is by and between the County and the Vendor and is not intended, an create the relationship of agent, servant, employee, partnership, faint ventut 6ITIA10, as between the County and the Vendor. The employees and agents of one party shall not be, or be construed to be, the employees or agents of the other party for any purpose whatsoever. The Vendor shall be solely liable and responsible for providing Ca, or on behalf of, all persons performing work pursuant to this 'Purchase Order all compensation and benefits. The County shall have no liability or respansibility for the payment of any salaries, wages, unemployment benefits, Federal, State or Local taxes, or other compensation, benefits, or taxes for any personnel provided by or on behalf of the Vendor. The Vendor understands and agrees that all persons performing work pursuant to this Purchase Order are, for purposes of Workers' Compensation liability, solely employees of the Vendor and not employees of the County. The Vendor shall be solely liable and responsible for furnishing any and all Workers' Compensation benefits to any person as a result of any injuries arising from or connected with any work performed by or on behalf of the Vendor pursuant to this Purchase Order. 25. COUNTY STOCK: Stock furnished by County to be used in this Purchase Order shall be returned to County free from damage from any cause and in accordance with all other terms and conditions of bid and this Purchase Order. 26. TAX EXEMPT STATUS: Tax exempt items shall be clearly listed and identified. 27_ COUNTY LOBBYISTS: The Vendor, and each County Lobbyist or County Lobbying firm as defined in County Code Section 2.160.010 retained by the Vendor, shall fully comply with the County's Lobbyist ordinance, County Code Chapter 2.160. Failure on the part of Vendor or any County Lobbyist or County Lobbying firm retained by the Vendor to fully comply with the County's Lobbyist Ordinance shall constitute a material breach of this Purchase Order, upon which the County may in its sole discretion, immediately terminate or suspend this Purchase Order, 28, CONSIDERATION OF HIRING GAIN /GROW PROGRAM PARTICIPANTS: Should the Vendor require additional or replacement personnel after the effective date of this Purchase Order, the vendor :hall give consideration for such employment cpenin s t4 participants in the County's Department of Public Social Services Greatex Avenues for Tndependence (CAI Program or General Relief Opportunity for Work (GROW) Program who meet the Vendor's minimum qualifications for the open position. For this purpose, consideration shall mean that the Vendor will interview qualified candidates. The County will refer GATN /GROW participants by job category to the Vendor. In the event that both laid -off County employees and GAFF /GROW participants are avalable for iring, county employees shall be given first priority. 29. TERMINATION FOR IMPROPER CONSIDERATION: the County may, by written notice to the Vendor, immediately terminate the rigght of the vendor to proceed under this Purchase order if it is found that consideration, in any form, was of eyed or given by the Vendor, either directly or through an intermediary, to any County officer, employee, or agent with the intent of securing this Purchase Order or securing favorable treatment with respect to the award, amendment, or extension of this Purchase order or the making of any determinations with respect to the Vendor's performance pursuant to this Purchase Order. Ia the event of such termination, the County shall be entitled to pursue the same remedies against the Vendor as it could pursue in the event of default by the Vendor. The Vendor shall immediately report any attempt by a County officer or employee to solicit such improper consideration. The report shall be made either to the County manager charged with the supervision of the employee or to the County Auditor - Controller's Employee Fraud Hotline at (213) 974 -0914 or (800) 544 -6861. Among other items, such improper consideration may take the form of cash, discounts, service, the provision of travel or entertainment, or tangible gifts, or the promise of any of these. 30. SAFELY SURRENDERED BABY LASS: The Contractor shall notify and provide to its employees, and shall, require each subcontractor to notify and provide to ics employees, a fact sheet regarding the Safely Surrendered Baby Law, its implementation in Los Angelca County, and where and how to safely surrender a baby. The fact sheet is available on the Internet at.www,habvsnfela.ora for printing purposes. 31. CONTRACTOR'S WARRANTY OF ADHERENCE TO COUNTY'S CHILD SUPPORT COMPLIANCE PROGRAM The Contractor acknowledges that the County has established a goal of ensuring that all individuals who benefit financially from the County through Contracts /Purchase Orders are in compliance, with their court- ordered child, family and spousal support obligations in order to mitigate the economic burden otherwise imposed upon the County and its taxpayers. As required by the County's Child Support Compliance Program (County Code Chapter 2.200) and without limiting the Contractor's duty under this Contract /Puccbase Order to comply with all applicable provisions of law, the Contractor warrants that it is now in compliance with employment and wage reporting requirements as required by the Federal Social security Act (42 USC Section 653aj and California Unemployment Insurance Code Section 1089.5, and shall implement all lawfully served "Wage and Earnings withholding Orders or Child Support Services Department Notices of Wage and Earnings Assignment for Child, Family or Spousal support, pursuant to Code of Civil Procedure Section 706.031 and Family Coda Section 5246fb). TERMINATION FOR BREACH OF WARRANTY TO MAINTAIN COMPLIANCE WITH COUNTY'S CHILD SUPPORT COMPLIANCE PROGRAM Failure of Contractor to maintain compliance with the requirements set forth in the paragraphs under "CONTRACTOR'S WARRANTY OF ADHERENCE TO COUNTY'S CHILD SUPPORT COMPLIANCE PROGRAM" shall constitute default under this Contract /Purchase Order. Without limit the rights and remedies available to COUNTY under any other provision of this Contract /Purchase Order, failure of CONTRACTOR to cure such default within ninety 190) calendar days of written notice shall be grounds upon which COUNTY may terminate this Contract /Purchase Order pursuant to "VENAOR'S RESPONSIBILITY AND DEBARMENT" and pursue debarment of CONTRACTOR, pursuant to County Code, Chapter 2.202. 4 STANDARD TERMS & CONDITIONS REQUEST FOR BID SO NO : RFB -IS- 11201188 -1 siD DUE: 05/26/11 12:00:00 PM PAGE 32, PAYR�p C �13L�$6e''e'uired, the Contractor Shall comply with the requirements of Section 1776 of the Lab os C i including maintaining payroll records as enumerated in Subdivision (a). The Cont � e subcontractors shall be responsible to maintain, and make readily available for ins a copy of all certified payroll records for each work project associated with or obtaine the County under this or any future or successive County Agreement, Contract or Purchase Order. All certified paof yroll records shall indicate that the wage rates are not less than those determined by the state Division, Industrial Relations, and that the classifications net forth for each laborer or mechanic conform with the work that he /she performed. The Contractor shall be responsible for the submission of copies of payrolls for all subcontractors, upon request by the County, arising from and /or relating to any Agreement formulated as a result of this inquiry. Certified Payroll shall be submitted upon request and shall include: A. original Document B. Company Name & Address C. Account Number /Project Number D. Project Name and Address E. Authorizing County Department and Purchase Order or Contract Number F. Period of Time in Which Work is Being Performed G. Employee Name, Address and Social security Number H. Work Classification, Including Sub - classification I. Hours Paid J. Rate of pay K. Deductions L. Payroll Check Number M. Benefits N. Signature of Employee Authorized to Certify Payroll Prevailing Wage Scale Wherever required: A. The Contractor shall comply with all provisions of the Labor Code of the State of California. B. Under the provisions of said Labor Code, the State Department of Industrial Relations will ascertain the prevailing hourly rate in dollars and details pertinent thereto for each craft, classification or type of workers or mechanic needed to execute any Contract that may be awarded by the County. C. Particulars of the current Prevailing WaSle Scale, which are applicable to the work contemplated under these specifications, are to be maintained in the Department, and must be posted at the project site by the Contractor or his /her subcontractor. D. Current prevailing wage rates may be obtained at: or Division of Labor standards Enforcement 455 Golden Gate Avenue, 9th Floor San Francisco, CA 94102 (415) 703 -4810 Records Retention and Audit, Federal or State Funded Purchases The Vendor shall maintain in good and legible condition all books, documents, papers, and records related to its performance under this Purchase order or Agreement. Such records shall be complete and available to Los Angeles County, the State of California and officials of the Federal Government or its dulyy authorized representatives, during the term of the Contract and for a period of at least three years followinca the County's final payment undex the Purchase Order or Agreement, unless other matters, such as an audit or litigation, are not closed. All Purchase Order or Agreement - related books, documents, papers, and records related to the Vendor's performance under the Purchase order or Agreement must be retained in a manner described above until all such other matters are closed, regardless of the duration. FEDERAL EARNED INCOME CREDIT The Contractor shall notify its employees, and shall require each subcontractor to notify its employees, that they may be eligible for the Federal Earned Income Credit under the federal income tax laws. Such notice shall be provided in accordance with the requirements set forth in Internal Revenue Service Notice No. 1015. RECYCLED BOND PAPER Consistent with the Board of Supervisors' policy to reduce the amount of solid waste deposited at the County landfills, the Contractor agrees to use recycled- content paper {min 30% post- consumer waste) to the maximum extent possible on this Solicitation Response. PARTICIPATING MUNICIPALITIES At County's sole discretion and option, County may inform other public agencies that they may acquire items listed in this agreement or purchase order. Such acquisition(s) shall be at the prices stated herein, and shall be subject to Vendor's acceptance. In no event shall County be considered a dealer, remarketer, agent or other representative of Vendor. _ Public entity purchase orders complete with terms and conditions shall be submitted by the public entity. Vendor authorizes County's use of Vendor's name, trademarks and Vendor provided materials in County's presentation and promotions regarding the availability of use for this agreement. County will not be liable or responsible for any obligations, including but not limited to payment for any item ordered by public entitica. County makes no representation or guarantee a to any minimum to be purchased by County or public entities. Do you agree to the aforementioned? Yes No STANDARD 'TERMS & CONDITIONS REQUEST FOR BID SO NO : RFB -IS- 11201188 -1 C0ff -P rMt -" -- PAGE Wondfles Fleet GrOUP BID DUE: 05/26/11 12:00:00 PM _ 8 147 W. W1011 X11 S�� o � /4 J� ENDORIS RESPONSIBILITY AND DEBARMENT A respon a endar who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform the requirements of the Purchase Order. It is the County -s policy to conduct business only with responsible vendors. The Vendor is hereby notified that, in accordance with Chapter 2.202 of the County Code, if the County acquires information concerning the .performance of the Vendor on this or other Purchase Orders which indicates that the Vendor is not responsible, the County may, in addition to other remedies provided in the Purchase Order, debar the Vendor from bidding on any County Contracts /Purchase orders for a specified period of time not to exceed five (5) years, and terminate any or all existing Contracts /Purchase Orders the Vendor may have with the County. The County may debar a Vendor if the Board of Supervisors finds, in its discretion, that the Vendor has done any of the following: (1) violated any term of Contract /Purchase order with the County, (2) committed any act or omission which negatively reflects on the Vendor's quality, fitness or capacity to perform a Contract /Purchase Order with the County or.any other public. entity, or engaged in a pattern or practice which negatively reflects on same, (3) committed an act or offense which indicates a lack of business integrity or business honesty, or (4) made or submitted a false claim against the County or any other public entity_ If there is evidence that the Vendor may be subject to debarment, the Purchasing Agent will notify the Vendor in writing of the evidence that is the basis for the proposed debarment and will advise the Vendor of the scheduled date for debarment hearing before the Contractor Hearing Board. The Contractor Hearing Board will conduct a hearing where evidence an the proposed debarment is presented. The Vendor and /or the Vendor's representative shall be given an opportunity to submit evidence at that hearing_ After the hearing, the Contractor Hearing Board shall prepare a proposed decision, which shall contain a recommendation regarding whether the Vendor should be debarred, and, if so, the appropriate length of time of debarment. If the vendor fails to avail itself of the opportunity to submit evidence to the Contractor Hearing Board, the Vendor may be deemed to have waived all rights of appeal. A record of the hearing, the proposed decision and any other recommendation of the Contractor Hearing Board shall be presented to the Board of Supervisors. The Board of Supervisors shall have the right to modify, deny, or adopt the proposed decision and recommendation of the Contractor Hearing Board. These terms shall also apply to the subcontractors of County Contractor /vendor. LOCAL SMALL BUSINESS ENTERPRISE PREFERENCE PROGRAM In evaluating bids (proposals) , the County will give preference to businesses that are certified by the County as a Local Small Business Enterprise (Local SBE), consistent with Chapter 2.204 of the Los Angeles County Code, A Certified Local SBE is a business 1) certified by the State of California as a small business enterprise; 2) having its principal office currently located in Los Angeles County for a period of at least the past twelve months; and 3) certified by the Office of Affirmative Action Compliance as meeting the requirements set forth in 1 and 2 above. To apply for certification as a Local SHE, companies may register at the Office of Affirmative Action Compliance's website at: kittp.I /naac.co.la.ca.us /Contract /sbemaia.h_tml Certifier) Local SBEs must request the SBE Preference in their solicitation responses and may not request the preference unless the certification process has been completed and certification affirmed. Proposers must attach the Local SBE Certification Letter to the Required Form - Los Angeles County Community Business Enterprise (CBE) Program - Request for Local SBE 'Preference Program Consideration and CBE Firm /Organization Information Form - with their proposal. County must verify Local SBE certification prior to applying the preference. Sanctions and 'financial pe:ialties may apply to a business that knowlingly, and with intent to defraud, seeks to obtain or maintain certification as a certified Local SBE. Information about the State's small business enterprise certification regulations is in the California Code of (Regulations, Title 2, Subchapter 8, Section 1896 et seg., and is also available on the California Department of General Services Procurement Division website at: httn : I /ww+� . dcr& . ca . uuv /pd /home . asux ,r� REQUEST FOR BID STANDARD TERMS & CONDITIONS Mail to,, SO NO : RFB -IS- 11201188 -1 COMPANY NAM l"l�S Fleet.WOUP PAGE Fleet BID DUE: 05/26/11 12:00:00 PM — __ _a 1 9 Local Small B � d�� � �1� e ris P e erence Ara _am Instructions: All proposers /bidders responding to this solicitation must complete and return this form for proper consideration of the proposal /bid. In evaluating bids (proposals), the County will give preference to businesses that are certified by the County as a Local Small Business Enterprise (Local SEE), consistent with Chapter 2.204 of the Los Angeles County Code_ For County solicitations which are not federally funded, a certified Local SHE is a business: 1) certified by the State of California as a small business enterprise; 2) having its principal office currently located in Los Angeles County for a period of at least twelve months; and 3) certified by the Office of Affirmative Action Compliance as meeting the requirements set forth in I and 2 above. Information about the State's small business enterprise certification regulations is in the California Code of Regulations, Title 2, Subchapter B, Section 1696 et seq an also also availal}14 n the California Department of General Services Procurement Division website at : hiln,, Lw!'" w •rids . ca .saw oU� ir�taE :ssa>x Pursuant to the adopted Ordinance No. 2007 -0090, amending Chapter 2.204 of the Los Angeles County Code: For County solicitations which are federally funded and subject to the federal restriction on geographical preferences, a certified small business is a business: 1) self- certified as small using the SEA size standards and industry codes (NAILS) and; 2) registered on the federal Central Contractor Registration ICCR) data base information about federal small business registration is available on the CCR website atchtt ; jwww.ccr.aov Certified small businesses must request the SB8 preference in their solicitation response a may o request the preference unless the certification process has been completed and certification a €finned. The County must verify SSE certification prior to applying the preference. Sanctions and financial penalties may apply ter a business that knowingly, and with intent to defraud, seeks to obtain or maintain certification as a Certified Local SBE. To determine whether this solicitation is federally funded, please refer to the SPECIAL TERMS AND CONDITIONS in j this solicitation document for clarification. FIRM NAME: I AM NOT a Local SEE certified with the County of Los Angeles Office of Affirmative Action Compliance or the federal CCR as of the date of this proposal /bid submission I AM a Local SEE certified with the County of Los Angeles Office of Affirmative Action Compliance as of the date of this proposal /bid submission and I request this proposal be considered for the Local SEE Preference. I AM a certified small business with the federal CCR as of the date of this proposal /bid submission and I request this proposal be considered for the Local SBE Preference. My County (Webven) Vendor Number is: My Commercial and Government Entity (CAGE) code is: 5 REQUEST FOR BID STANDARD TERMS & CONDITIONS Mail NO : RFB- IS- 11201188 -1 COM y�� aw' IM ail ta: PAGE BID DUE: 05/26/11 12:00:00 PM �J Wondries Fleet -Group 1247 W. ■ sin Street COUNTY OF LOS ANGELES h 1h a m rc1D9 AA9i 1ON OP WILLINGNESS TO CONSIDER GAIN /GROW PARTICIPANTS CONSIDERATION OF GAIN/GROW PARTICIPANTS FOR EMPLOYMENT . As a threshold requirement for consideration of a 17idder for award of an Agreement, the bidder shall demonstrate a proven record of hiring participants in the County's Department of Public Social Services Greater Avenues for Independence (GAIN) Program or General Relief tlpportunity for Work (GROW) Program or shall attest to a willingness to consider CAIN /GROW part, ante for future employment openings if they neet the minimum qualifications for that opening. Add"ripally, bidders shall attest to a willingness tv provide employed GAIN/GROW participants access to the bidder's employee mentoring program, if available, to assist these individuals in obtaining permanent employment and /or promotional opportunities. Bidders shall complete, sign, and return with their bid the form "Attestation of Willingness to Consider GAIN /GROW. Participant all attached. Bidders who are unable to meet this requirement shall not be considered for award of an Agreement. Bidder shall complete all of the fallowing information, sign where indicated below, and return this form with any resumes and /or fixed price bid being submitted: A. Bidder has a proven record of hiring GAIN /GROW participants and will continue to consider participants for any future employment openings. YES (SUBJECT TO VERIFICATION BY COUNTY) X NO B. Bidder is willing to consider GAIN /GROW participants for any future employment openings if the GAIN /GROW participant meets the minimum qualifications for the opening. "Consider" means that bidder is willing to interview qualified GAIN /GROW participants. X. -- YES NO C. Bidder is willing to provide employed GAIN /GROW participants access to its employee -mentor ing program, if available. YES X N/ NO not available) Bidder Organizat.o F lie �— Gy- v u Signature: Print Name: J Q � !"n dl Title: Date: Tel. 214115-7-95 52 REQUEST FOR SID STANDARD TERMS & CONDITIONS �yy�`p o SO NO RFB— IS— x.1201188 -1 l' OW AME : �' PAGE oT11drieS S x� M� BID DUE: 05/26/11 12 : 00: 00 PM s 12 12,404 M Iva Alba CA 91 81DI PROHIBITION AGAINST USE OF CHILD LABOR I hereby certify that, if awarded a Purchase Order or Agreement, bidder shall: 1. Not knowingly sell or supply to COUNTY any products, goods, supplies or other personal property produced or manu b factured in violation of child labor standards set by the International Labor Organizations through its 1973 Convention Concerning Minimum Age for Employment. 2. Upon request by COUNTY, identify the country /countries of origin of any products, goods, supplies or other personal property bidder sells or supplies to COUNTY, and 3- Upon request by COUNTY, provide to COUNTY the manufacturer's certification of compliance with all international child labor conventions. I understand and agree that, if awarded a Purchase Order or Agreement and COUNTY discovers that any products, goods, supplies or other personal property sold or supplied by bidder to COUNTY are produced in violation of any international child labor conventions, bidder shall immediately provide an alternative, compliant source of supply. I further understand and agree that failure to comply with the foregoing provisions will be grounds for immediate cancellation of the Purchase Order or termination of the Agreement and award to an alternative bidder. DATE S/X�sii REQUEST FOR BID STANDARD TERMS & CONDITIONS SO NO RFB -IS- 11207188 -1 PAGE Wo:nddes Rest GrOUP BID DUE: 05/26/11 12-00:00 PM i� 1247 ' � OC2C`� -- OUT PROGRAM FOR MACHINERY OR ELECTRICAL EQUIPMENT AlhaM- bM !p'�� L For equipment purchase(sl under this solicitation, Vendor shall be responsible to provide the County with a means to Lockout /Tag -out an ty machinery or electrical equipment sold to the County in accordance with OSHA regulation, CCR Title S, Section 3314. Any Lockout method must utilize a positive means such as 1) a lock, either key or combination type, 2) a hasp or other means of attachment to which, or through which, a lock can be affixed or it has a locking mechanism built into it, in order to hold an energy - isolating device in a safe (locked) position and prevent the energizing, transmission or release of electrical, mechanical, hydraulic, pneumatic, chemical, thermal or other energy from a machine or equipment. Such machinery and equipment includes, but is not limited to: a manually operated electrical switch hreakeri a disconnected switch` a manually operated switch by which conductors of a circuit can be disconnected from all underground supply conductors and a line valve, In addition, this would include installing pieces of equipment used in maintenance and service activities, such as pipelines, vessels and /or pressurized tanks to service air, gas, water, steam and /or petrochemical distribution systems. REQUEST FOR BID STANDARD TERMS & CONDITIONS �k SO NO :RFB- IS- 11201188 -1 COMPANY lase Mall to: PAGE BID DUE: 05/26/11 12 :00:00 PM 1A1_...is. €..,.. �1w.wA i4rwn uec, 14 1247 W. Maln Street Alhambra, CA 91 801 JURY SERVICE PROGRAM The prospective contract is subject to the requirements of the County's Contractor Employee Jury Service Ordinance ( "Jury Service Program") (Los Angeles County Code, Chapter 2.203). Prospective Contractors should carefully read the Jury Service Program which is incorporated by reference into and made a part of this RFP. The Jury Service Program applies to both contractors and their subcontractors_ Proposals that fail to comply with the requirements of the Jury Service Program will be considered non - responsive and excluded from further consideration. The Jury Service Program requires Contractors and their subcontractors to have and adhere to a written policy that provides that its employees shall receive from the Contractor, on an annual basis, no less than five days of regular pay for actual jury service. This policy may provide that employees deposit any fees received for such jury service with the Contractor or that the Contractor deduct from the employee's regular pay the fees received for jury service. For purposes of the Jury Service program, "employee" means any California resident who •s a full -time employee of a Contractor and "full time" means 40 hours or more worked per week,. or a is number of hours if; 1. the lessor number is a recognized industry standard as determined by the County, or 2. the Contractor has a long - standing practice that defines the lesser number of hours as full time. Therefore, the Jury Service Program applies to all of a Contractors full -time California employees, even those not working specifically on the County project. There are two ways in which a Contractor might not be subject to the Jury Service Program. The first is if the Contractor does not fall within the Jury Service Program's definition of 'Contractor". The Program defines "contractor" to mean a person, partnership, corporation or other entity which has a contract with the County or a subcontract with a County Contractor and has received or will receive an aggregate sum of $50,000 or more in any 12 -month period under one or more County contracts or subcontracts. The second is if the Contractor meets one of the two exceptions to the Jury Service Program. The first exception concerns small businesses and applies to Contractors that have 1) ten or fewer employees; and 2) annual gross revenues in the preceding twelve months which, if added to the annual amount of this contract 1s less than $500,00o; and 3) is not an "affiliate or subsidiary of a business dominant in its field of operation ". The second exception applies to Contractors that possess a collective bargaining agreement that expressly supersedes the provisions of the Jury Service Program_ The Contractor is subject to any provision of the Jury Service Program not expressly superseded by the collective bargaining agreement. 3. If a Contractor does not fall within the Jury Service Program's definition of "Contractor" or if it meets any of the exceptions to the Jury Service program, then the Contractor must so indicate in the Certification Form and Application for Exception and include with its submission all necessary documentation to support the claim such as tax returns or a collective bargaining agreement, if applicable. Upon reviewing the Contractor's application, the County will determine, in its sole d scretion, whether the Contractor falls within the definition of Contractor or meets any of the exceptions to the Jury service Program. The County's decision will be final. REQUEST FOR BID STANDARD TERMS & CONDITIONS ¢ SO NO : RFB- IS- 11201188 -1 Cop CueWail `0' PAGE ,k&t .aoAr1P_S neet GrOUP SID DUE: D5/26/11 12:00:00 PM 15 124-7 , M n�71 JP, y�TIONL FOR CEXCEPTION AND LCERTIFICATIONyFORM PROGRAM A1harnb�ra, CA 9 ,�V The County's solicitation for this Contract /Purchase Order (Request for Proposal or Invitation to Hid) is subject to the County of Los Angeles Contractor Employee Jury Service Program (Program) (Los Angeles County Code, Chapter 2.203). All bidders or proposers whether a contractor or a subcontractor, must complete this form to either 11 request an exception from the Program requirements or 2) certify compliance. Upon review of the submitted form, the County's Department will determine, in its sole discretion, whether the bidder or proposer is excepted from the program. Company Name: ",1 , J r I eG F * Arvt-1 Company Address: l `A I 4.0 M a y, 1 S` City: 1,a 1 v rw State: zip! • V 0 Telephone Number: Solicitation for (Type of Goods or Services): / IV�P✓ y e S If you believe the Jury Service Program does not apply to your business, check the appropriate box in part I (attach documentation to support your claim); qr, complete Part II to certify compliance with the Program. whether you complete Part I or Part II, please sign and date this form below. Part I: Jury Service Program is Not Applicable to My Business My Business does not meet the definition of "Contractor', as defined in the Program as it has not received an aggregate sum of $50,000 or more in any 12 -month period under one or more EJ County contracts or subcontracts (this exception is not available if the contract /purchase order itself will exceed $50,000 in any 12 month period) . I understand that the exception will be lost and I must comply with the Program if my revenues from the County exceed an aggregate sum of $50,000 in any 12 -month period. My business is a small business as defined in the Program_ It 1) has ten or fewer employees; and 2) has annual gross revenues in the preceding twelve months which, if added to the annual amount of this contract, are $500,000 or less; and 3) is not an affiliate or subsidiary of a business dominant in its field of operation, as defined below. I understand that the exemption will be lost and I must comply with the Program if the number of employees in my business and my gross annual revenues exceed the above limits. "Dominant in its field of operation' means having more than ten employees, including full -time and part -time employees, and annual gross revenues in the preceding twelve months, which, if added to the annual amount of the Contract awarded, exceed $500,000. "Affiliate or subsidiary of a business dominant in its field of operation" means a business which is at least 20 percent owned by a business dominant in its field of operations, or by partners, officers, directors, majority stockholders, or their equivalent, of a business dominant in that field of operation. Aty business is subject to a Collective Bargaining Agreement (attach agreement) that expressly (�J provides that it supersedes all provisions of the Program. OR 56 REQUEST FOR BID STANDARD TERMS & CONDITIONS SO NO :RFB -IS- 11201188 -1 WeY �!� t ®� PAGE a" BID DUE: 05/26/11 12:00:00 PM fleet GrOUP 17 PRICES 5�y f1�s 1� P$SE ORDERS ver, 1 � , %-a receiv� payment for goods received by, or services provided to the County specific to em Can' ract or purchase Order price amount. Under no circumstances will those suppliers, Contractors or vendors who supply goods or otherwise contract services with the County of Los Angeles be entitled to or paid for expenditures beyond the Contract or Purchase Order amounts. f ASSIGNMENTS BY CONTRACTOR A. Contractor shall not assign its rights or delegate its duties under the Agreement, or both whether in whole or in part, without the prior written consent of County, in its discretion, and any attempted assignment or delegation without such consent shall be null and void_ For purposes of this paragraph, County consent shall require a written amendment to the Agreement, which is formally approved and executed by the parties. Any payments by County to any approved delegate or assignee on any claim under the Agreement shall be deductible, at County's sole discretion, against the claims which Contractor may have against county. B. Shareholders, partners, members, or other equity holders of Contractor may transfer, sell exchange, assign, or divest themselves of any interest they may have therein. However, in the event any such sale, transfer, exchangge, assignments or divs$Lment is effected in such a way as to give majority control of Cont,OCtor to Any persan(s), cgrporatien, partnership, or legal entity other than the majority controlling interest therein at the time of execution of the Agreement, such disposition is an assignment requiring the prior written consent of County in accordance with applicable provisions of this Agreement.. C. Any assumption, assignment, delegation, or takeover of any of the Contractor's duties, responsibilities, obligations, or performance of same by any entity other than the Contractor, whether through assignment, subcontract, delegation, merger, buyout, or any other mechanism, with or without Consideration for any reason whatsoever without County's express prior written approval, shall be a material breach of the Agreement which may result in the termination of the Agreement. In the event of such termination, County shall be entitled to pursue the same remedies against Contractor as it could pursue in the event of default by Contractor. SAFELY SURRENDERED BABY LAW The Contractor shall notify and provide to its employees, and shall require each subcontractor to notify and provide to its ewployees, a fact sheet regarding the Safely Surrendered Baby Law, its implementation in Los Angeles County, and where and how to safely surrender a baby. The fact sheet is available on the Internet ata-ww.ba v afelsjrorg for printing purposes. CONTRACTOR'S EXCLUSION FROM PARTICIPATION IN A FEDERALLY FUNDED PROGRAM. Contractor hereby warrants that neither it nor any of its staff members is restricted or excluded from providing services under any health care program funded by the Federal Government, directly or indirectly, in whole or in part, and the Contractor will notify the Buyer within thirty 130) calendar days in writing of: 1) any event that would require Contractor or a staff member's mandatory exclusion from participation in a Federally funded health care program; and 2) any exclusionary action taken by any agency of the Federal Government against Contractor or one or more staff members barring it or the staff members from participation in a Federally funded health care program, whether such bar is direct or indirect, or whether such bar is in whole or in part. Contractor shall indemnify and hold County harmless against any and all loss or damage Contractor may suffer arising from any Federal exclusion of Contractor or its staff members from such participation in a Federally funded health care program. Failure by Contractor to meet the recruirements of this paragraph shall constitute a material breach of contract upon which County may immediately terminate or suspend this Agreement. Is Contractor /Proposer or any of its staff members currently barred from participation in any Federally funded health care program? NO, Contractor or any of its staff members is not currently barred from participation in any Federally funded health care program. YES, Contractor or any of its staff members is currently barred from participation in any Federally funded health care program. Describe the particulars in detail below. STANDARD TERMS & CONDITIONS REQUEST FOR BID SO NO - RFB --IS- 11201188 -1 COM OSS Mail to: _ PAGE 131D nvs: 45/26/11 12:00:00 PM Wnndries Fleet GKOU 18 "NOTIFICA W? M RM�MQQUjSjTjQNS/MERGERS BY PRO OSING BIDDTU PANY" Alhambra, CA 91 801 The vendor shall notify the County of any pending acquisitions /mergers of their company. This information shall be provided by the Vendor an Required Form - Exhibit - Proposer's Organization Ouestionaire /Affadavit. Failure of the Vendor to provide the information may eliminate its proposal /bid from any Eurther consideration. RESPONSIBLE DEPARTMENT Chief Administrative Office Chief Information Office County Counsel DATE ISSUED / SUNSET DATE Issue Date- December 13, 2005 Sunset Date! December 13, 2009 REQUEST FOR BID STANDARD TERMS & CONDITIONS SO NO RFH -IS- 11201188 -1 R gar 11 t0. BID DUE: 05/26/11 12 :00:00 PM WAGE ies Fleet Group 14 1247 W. Main Street)" REQUIRE❑ FORMS - EXHIBIT Alhambra, CA ��� POSER'S ORGANIZATION QUESTIONNAIRE /AFFIDAVIT Page 1 of 2 Please complete, date and sign this form and place it as the first page of your proposal. The person signing the form must be authorized to sign on behalf of the Proposer and to bind the applicant in a Contract. 1. I€ your firm is a corporation, state its legal name (as found in your Articles of Incorporation) and state of Incorporation. 30 W ovl t i e s /AAC)r-6 CI}- l q D NAME STATE YEAR INC. 2. If your firm is a partnership or a sole proprietorship, state the name of the proprietor or managing partner. 3. If your firm is doing business under one or more DBA's, please list all DBA's and the County(s) of registration_ Name County of Registration OVIA es Pk 1- ,A- . LL) VA brie 5 l e-c+ &-raT �. . Year became DBA t ��o o)o�o 4. Is your firm wholly or majority owned by, or a subsidiary of, another firm? Name of parent firm State of incorporation or registration of parent firm If yes, 5. Please list any other names your firm has done business as within the last five (5) years: Name Year of Name Change 6. Indicate if your firm is involved in any pending acquisition /merger, including the associated company name. If not applicable, so indicate below: C STANDARD TERMS & CONDITIONS REQUEST FOR SID 80 NO : RFB- IS- 11201188 -1 comp ime.. man xue - BID DUE: 05/26/11 12:00:00 PM PAGE 1i��ndries Flit ����p 20 1247 W. main S V Alhambra, CA 91801 Page 2 of 2 Proposer acknowledges and certifies that it meets and will comply with all of the Minimum Mandatory Requirements listed - Minimum Mandatory Requirements of this Request for Proposal, as listed below. List each minimum requirement Check the appropriate box below: 'YES ❑ NO Q�[! years experience, within the last_,&C-) years KI�YES E] NO Willingness to consider hiring GAIN /GROW participant YES ❑ NO Complies with the County's Child Support Compliance 12(YES ❑ NO Certifies intent to comply with County's Jury Service Program YES ❑ NO Declares intent to comply with County's Living Wage Program Proposer further acknowledges that if any false, misleading, incomplete, or deceptively unresponsive statements in connection with this proposal are made, the proposal may be rejected. The evaluation and determination in this area shall be at the Director's:sole judgement and his /her judgment shall be final. Proposer's t Address: 1 �• 61% V)_ E -mail: Telephone Number:_ ( iL✓ q S-7 � Fax number On behalf o ' rop fi of Propoe 's aut or'zed reps (entative), cert Organizati n ouest%oin airs /A ).davit is true a Signature V- 1�e-Aaj_AoLa-ec Title 1 U Date is name) , I �' `�� I (Name that the information contain in this Proposer's correct to the best of my information and belief. Internal Revenue Service Employer Ident0 /)tlro„ /'f California Business License Number County Vendor Number A STANDARD TERMS & CONDITIONS COMPANY NAME : Wondries s=leet Group OFF -PEAK Alhambra, CA 91801DIT1E5 OF REQUEST FOR BID SO NO :RFB- IS- 11201188 -1 PAGE BID DUE: 05/26/11 12:00:00 PM 21 It is the policy of the Loa Angeles County Board of Supervisors that County departments promote off -peak deliveries and pickup of all commodities gy County Vendors between the hours of 9:00 a.m. and 3:30 p.m., Monday through Friday, during regularly scheduled County business days. The purpose of this policy is to reduce vehicle trips and vehicle emissions during the moaning and afternoon commute periods. For purposes of the Board Policy, the trip shall be deemed to be compliant if the actual time of delivery provides for arrival at the County facility or location on or after 9:Oo a-m. and the delivery or pickup is initiated at the County facility or location on or before 3.30 p.m -. Noncompliance with this policy may result in cancellation of a Purchase Order or termination of contract and /or agreement between the County and the awarded Vendor. Unless otherwise instructed by authorized County department personnel, vendors shall be required to confer with County departments to schedule, as appropriate, regularly planned trips to County facilities for deliveries and /or pickup of commodities within the designated off -peak periods. County departments co- located at facilities that are serviced by the same Vendor shall make every effort to coordinate off -peak deliveries and pickups between the Vendor and other County departments at the facility_ Emergency, special orders, and other non - conforming deliveries and pickups specifically requested by County departments shall not constitute a violation of the Board Policy. In addition, circumstances documented by the Vendor to the satisfaction of the affected County department that are outside of the control of the Vendor that preclude adherence to the Board Policy shall not constitute a violation of the Board Policy. It- circumstances related to department operations preclude regularly scheduled deliveries between the hours of 9:00 a.m. and 3:30 p.m., Monday through Friday, the department shall nofify the Vendor of any exception(s) allowable under the Board Policy. If such circumstances are permanent in nature, the department shall notify the Chief Administrative office and ISD of their intent to exclude the affected contract(s) and /or commodities from the provisions of the Board Policy. County departments doing business with non - commodity or service- related vendors that schedule regular trips to County facilities shall, to the extent feasible and appropriate, encourage such vendors to schedule s uch trips to their facilities between the hours of 9:00 a.m. and 3:30 p.m., Monday through Friday, during regularly schedule business days. By signature below, vendor acknowledges receipt and understanding of this Board Policy, and agrees to adhere to above requirements regarding Off -Peak Delivery of Commodities. Vendor's Company op) 4-7 LO main �*A A \-�lav4r-a, 0- Address City State & Zip Code pe. Cw Printed Name Signature Date PROTEST POLICY FOR GOODS AND SERVICES SOLICITED BY THE COUNTY PURCHASING AGENT General_ Authority The County Purchasing Agent maintains the exclusive authority and responsibility to purchase and rent all materials, supplies and equipment, furnishings, fixtures and all other personal property for use by departments, districts or agencies of Los Angeles County who are governed by the Taos Angeles County Board of Supervisors. STANDARD TERMS & CONDITIONS REQUEST FOR BID 1 SO NO .: RFB- IS- 11201188 -1 COMPmme Mail to'. PAGE BID DUE: 05/26/11 12:04:40 PM Wetnr9ries Fleet Group 22 Acquisition 1247M, NsWiftfttmade by the Purchasing Agent pursuant to: - Goverm- AfflU€ift, Gt k%'91 S01 - Codified ordinance of County of Los Angeles, Title 2, Chapter 2.81; and - Section 24 of the County Charter. With limited exceptions, solicitations conducted under the statutory authority of the Purchasing Agent are price -based with the resultant award being made to the lowest, responsible bidder that fully meets and complies with all of the specifications and requirements of the solicitation. The Purchasing Agent or his /her designee shall be responsible for the review and disposition of any protest of a bid solicitation conducted under the statutory authority of the County Purchasing Agent. Review of Solicitation Reouirements and Soecification A Vendor may seek a review of the solicitation requirements and /or specifications by written request to the Buyer conducting the solicitation provided that the written request is received prior to the closing date of the solicitation_ This request must itemize, in appropriate detail, each matter contested and a factual reason(s)for the requested review (e.g., specifications were too narrow and limited competition with supporting details, etc.). The Purchsing Agent will provide a written response to the requesting Vendor(s) Bid Protests In accordance with County Purchasing Policy M -1100, Bid /Vendor protest, participant vendors may request a review of any bid specifications at the time of the bid posting and /or before the closing date_ Additionally, participant vendors may protest any award within three (3) business days after the "Notice of Intent to Award" is posted on the County's bid website. These protest procedures are as follows: Upon a determination of vendor selection from a bid process, the Purchasing Agent will post a "Notice of Intent to Award" on the County's bid website,-and notify all solicitation participants of the intended award via email. 1. Non - selected vendors will have three (3) business days, from the date the notice is posted, to file a formal bid protest with the Purchasing and Contracts Analyst (Buyer) that conducted the solicitation. 2. The bid protest, which must be received by the Buyer within the three (3) day period, shall be in writing, and include the specific facts, circumstances, reasons and /or basis for the protest. This written notice may be in the form of a letter, fax or email. J. Bid protests must be filed prior to the award of contract or purchase order. Upon execution of the contract or purchase order to the selected vendor, the Purchase Agent will not take action on a bid protest; however, a written response will be provided to the protesting-vendor. 4. If a vendor bid protest is appropriately filed (i.e., prior to the award ), the Purchasing Agent may delay the award of contract or purchase order until the matter is resolved_ There are, however, situations where the delay of an award may not be in the best interest of the County due to emergency and /or time critical acquisitions such as at the end of the County's fiscal year. In these instances, the County has no obligation to delay or otherwise postpone an award of a purchase order or contract based on a vendor protest. 5. In all cases, the County Purchasing Agent reserves the right to make an award when it is determined to be in the best interest of the County of Los Angeles to do so. 6. The Purchasing Agent will respond to all bid protests in a timely manner. 7. The Purchasing Agent may refer a protest of a technical nature to the requisitioning County department for further clarification, and will prepare a letter to the protesting vendor, advising them of the pending action(s), and when a formal response can be expected. 3 STANDARD TERMS & CONDITIONS REQUEST FOR BID 1419 M 0 SO NO : RFB -IS- 11201188 -1 COMP v t� PAGE Wondries Red GrOUP BID DUE: 05/26/11 12:00:00 PM 23 In evaluati� S $sr �h 13hb�btAty will give preference to businesses that are certified by the County as ransitional Job Opportunity vendors, Consistent with Chapter 2.205 of the Los Angeles County Code. The preference only applies to solicitations where Transitional Job opportunity participants will be employed for the services solicited. A Certified Transitional Job opportunity vendor is, and has been such for three (3) years, an entity. that is a nonprofit or anization recognized as tax exempt pursuant to section 501 (c) (3) of the Internal Revenue Services Code; set forth, under penalty of perjury, such information as requested by-the County on either electronic or hard copy forms, along with their appiicacion form and three most recent annual tax returns to the department with their bid response to the purchasing or contracting solicitation for which Lhey ar@ competing; has been in operation for at least one year providing transitional kand the related supportive services to program participants; and provided a profile of their program a scri.Vtion of their program comAonents designed to assist program participants, number of past program Participants, and any other information requested by a contracting department. 'transitional Job opportunities vendors must request the preference in their solicitation responses and may not receive the preference until their certification has 'been affirmed by the applicable department. County must verify the Transitional Job opportunity vendor certification prior to applying the preference. Sanctions and. financial penalties may apply to a vendor that knowingly and wit ?hx 3intent to defraud seeks to obtain or maintain certification as a Transitional Job Opportunity vendor. If Contractor has obtained County certification as a Transitional Job Opportunity vendor by reason of having furnished incorrect supporting information or by reason of having withheld information, and which knew, or should have known, the information furnished was incorrect or the information withheld was relevant to its request for certification, and which by reason of such certification has been awarded this contract to which it would not otherwise have been entitled, shall: 1. Pay to the County any difference between the contract amount and what the County's costs would have been if the contract had been properly awarded; 2. In addition to the amount described in subdivision (1), be assessed a penalty in an amount of not more than 10 percent (10%) of the amount of the contract; and 3. Be subject to the provisions of Chapter 2.202 of the Los Angeles County Code (Determinations of Contractor Non - responsibility and Contractor Debarment). The above penalties shall also apply to any entity that has previously obtained proper certification; however, as a result of a change in their status would no longer be eligible for certification, and fails to notify the certifying department of this information prior to responding to a solicitation or accepting a contract award. ElIn accordance with the above stated criteria, I certify that I am a Transitional Job Opportunity Vendor and I am claiming the preference on this solicitation. I further certify that Transitional Job opportunity participants will be used for the services that are being solicited by the County in this solicitation. REQUEST FOR BID STANDARD TERMS & CONDITIONS �y� SO NO RFB- IS- 11201188 -1 COMPAN se mail to'. PAGE BID DUE: X5/26/11 12 : 00: 00 PM Wondries Fleet-Group 24 1247 W. Main Sheet DEFAULTED PR�P + U1Ug f# I 4J The prospective contract is subject to the requirements of the County's Defaulted Property Tax Reduction Program ( "Defaulted Tax Program ") . Prospective Bidder /Proposer /Contractor should carefully read the Defaulted Tax Program ordinance which may be found in Los Angeles County Code, Title 2. Administration, Chapter 2.206 at htty: /lord -1 nk,GGm /c desll�county /index.:itm which is incorporated by reference into and made a part of this solicitation. The Defaulted Tax Program applies to both Contractors and their subcontractors. Each Bidder /Proposer /Contractor shall be required to certify that it is in full compliance with the provisions of the Defaulted Tax Program and shall maintain compliance during the term of any contract that may be awarded pursuant to this solicitation or shall certify that it is exempt from the Defaulted Tax Program_ Failure to maintain compliance, or to timely cure defects, may be cause for termination of a contract or initiation of debarment proceedings against the non - compliant contractor (Los Angeles County Code, Chapter 2.202). Bids /Proposals that fail to comply with the certification requirements of the Defaulted Tax Program will be considered non - responsive and excluded from further consideration. The Proposer /Bidder /Contractor certifies that: It is familiar with the terms of the County of Los Angeles Defaulted Property Tax Reduction Program, Los Angeles County Code Chapter 2.206; To the best of its knowledge, after a reasonable inquiry, the Proposer /Bidder /Contractor is not in default, as that term is defined in Los Angeles County Code Section 2.206.020.E, on any / Los Angeles County property tax obligation; and The Proposer /Bidder /Contractor agrees to comply with the County's Defaulted Property Tax Reduction Program during the term of any awarded contract. - OR - El I am exempt from the County-of Los Angeles Defaulted Property Tax Reduction Program, pursuant to Los Angeles County Code Section 2.206.060, for the following reason: I declare under penalty of perjury under the laws of the State of California that the information stated above is true and correct. COMPANY NAME:bb WpJ V-Je,5 PRINT NAME: TITLE: _ De SIGNATURE: DATE: / 65 STANDARD TERMS & CONDITIONS REQUEST FOR BID sr. i•,g,;�. SO NQ . RFB —IS-11201188-1 G1�! av PAGE W®ndries Fleet-Group BID DUE: 05/26/11 12:00:00 PM 25 SUBC " A 91 �01 The Co u 0 os Anggeles provides Small Business Enterprises an equal opportunity to compete for County Awards For commodities and services. Biddere shall assist the County in providing these opportunities to Small Business Enterprises by making good efforts to reach out to Small Business Enterprises to compete in County Awards. BID SUBMITTAL 9idders shall submit with their bid, the $BE Subcontractor Information Form a hrto /Idoinsabu mess lacounty. aov/ 3LEStibrr�nr _ractarin`_ormatinFOrm.?CF. Bidder shall complete this form in its entirety. Bidder shall list itself, the names and addresses of all firms to be used with a complete description of work supplies to be completed, provided by each subcontractor and the estimated dollar value. REPORTING The Final Report of 8ubeantracting Form g t' 11doirrtausines,.la ❑ linty. aav�C-1a lr�esaort�F $�nLcarei- 1a ?c±-m.PDF a `summary report of subcontractors 'work /supplies, shall be submitted at the completion of the award. upon Completion of a Purchase Order, Vendor shall submit the Final Report of Subcontracting and Purchases Form within fifteen (15) working days. If the award is a one year or more agreement, the Final Report of Subcontracting and Purchases Form shall be submitted on a quarterly basis. The form shall be certified correct and accurate by signature of the bidder or its authorized representative. The Final Report of Subcontracting and Purchases Form shall be submitted to the Office of Small Business at= Debbie Cabreira- Johnson Office of Small Business 1100 N Eastern Ave 1st Floor Los Angeles, CA 90063 DCa it isd.lacount ov r 661 SPECIAL TERMS & CONDITIONS # Y SOQNOST RF OR SID 12 0118 8- 1 CDMPri4earnp:wiais 10" PAGE Wondriss Fleet Group B =o DUE: 05/26/11 12:00:00 PM 211 ATTENTIO®®:2Th`Ts1%�qp�)4 E �-��fr NOTE CLOSING DATE. NOTE: UAIfMAMWAE IR110,WSTRUCTIONS AND CONDITIONS (LAST PAGE OF INVITATION FOR BID) IS CHANGED TO READ: QUOTATIONS ARE SUBJECT TO ACCEPTANCE AT ANY TIME WITHIN NINETY (90) CALENDAR DAYS AFTER OPENING. QUOTE PRICES EXCLUSIVE OF FEDERAL EXCISE TAX. IF TAX IS NOT APPLICABLE, SO STATE IN YOUR BID. BIDDERS ARE REQUIRED TO FURNISH THE SERIAL NUMBER OF YOUR CALIFORNIA SELLERS PERMIT TO ENGAGE IN BUSINESS AS A SELLER IN CALIFORNIA OR YOUR SELLERS CERTIFICATE OF REGISTRATION -USE TAX. , FAILURE TO FURNISH SAME WILL PREVENT THE COUNTY OF LOS ANGELES FROM PAYING SALES /USE TAX TO YOUR COMPANY. DO NOT INCLUDE SALES/USE TAX ON ANY INVOICE IF YOU DO NOT FURNISH ONE OF THE FOLLOWING: SELLERS PERMIT # gphR qg _ O T7 q4_- CERTIFICATE OF REGISTRATION # IF YOU ARE UNCERTAIN AS TO WHETHER YOU HAVE SUCH A NUMBER OR HAVE ANY QUESTIONS, PLEASE CONTACT THE STATE BOARD OF EQUALIZATION AT WWW.BOE.CA.GOV OR CALL 1.B00,400,7115. QUOTE F.O.B. DELIVERED. FREIGHT PREPAID AND ALLOWED VENDOR: PAYS FREIGHT COST, OWN TITLE IN TRANSIT, FILE CLAIMS) COUNTY: TAKES OWNERSHIP AT DESTINATION EQUIPMENT OFFERED MUST BE NEW, UNUSED, CURRENT MODELS. SPECIFICATIONS OF EQUIPMENT DESCRIBED HAVE BEEN DEEMED ADEQUATE TO SATISFY THE PERFORMANCE REQUIREMENTS OF THE REQUISITIONING DEPARTMENT. THE COUNTY OF LOS ANGELES RESERVES THE RIGHT TO MAKE AN AWARD ON EQUIPMENT WHICH MEETS FUNCTIONAL NEEDS AND IS SUITABLE FOR THE SERVICE REQUIRED. BIDDERS SHALL RETURN SPECIFICATION SHEET FULLY COMPLETED STATING ANY EXCEPTION TO SPECIFICATION IN LETTER FORM. FAILURE TO COMPLY WITH INSTRUCTIONS MAY BE CONSIDERED SUFFICIENT REASON FOR REJECTION OF YOUR OFFER. BIDDER MUST COMPLETE RIGHT HAND COLUMN OF ANY ATTACHED SPECIFICATION SHEET WHEN TAKING EXCEPTION TO A SPECIFIC ITEM. INDICATE SUCH EXCEPTION IN THE SPACE PROVIDED, IF QUOTING AS SPECIFIED ON AN ITEM, INDICATE IN THE SPACE 'AS SPECIFIED'. THE COUNTY OF LOS ANGELES RESERVES THE RIGHT TO REJECT ALTERNATE OFFERS WHEN THE POTENTIAL SAVINGS WILL NOT OFFSET THE COST TO TEST, DETERMINATION OF 'COST TO TEST' WILL BE AT THE SOLE DISCRETION OF THE COUNTY OF LOS ANGELES. UNLESS OTHERWISE QUALIFIED BY BIDDER, THE COUNTY OF LOS ANGELES RESERVES THE RIGHT TO MAKE ONE TOTAL AWARD, ONE AWARD EACH SECTION OR A COMBINATION OF AWARDS, WHICHEVER IS IN THE BEST INTEREST OF THE COUNTY- PRE-PRINTED TERMS AND CONDITIONS /BIDDERS CONTRACT DOCUMENTS BIDDERS PRE - PRINTED TERMS AND CONDITIONS OR RESTRICTIONS COMMONLY APPEARING ON THE REVERSE SIDE OF LETTERS SUBMITTED WITH THE BID AND/OR BIDDERS SPECIFICATIONS MATERIAL AND CONTRACT DOCUMENTS WILL BE DISREGARDED IN THE ABSENCE OF A POSITIVE WRITTEN STATEMENT FROM BIDDER THAT ALL OR A PARTICULAR PORTION OF SUCH WRITINGS ARE IN ADDITION TO OR SUPERSEDE THE COUNTY TERMS AND CONDITIONS. THE COUNTY OF LOS ANGELES RESERVES THE RIGHT TO CANCEL ANY AGREEMENT FORMULATED FROM THIS INQUIRY IF DELIVERY OR SERVICES PROVE UNSATISFACTORY (DEFAULT) AND MAY PROCURE THE ARTICLES OR SERVICES FROM OTHER SOURCES AND MAY DEDUCT FROM UNPAID BALANCE DUE THE VENDOR AND /OR MAY COLLECT AGAINST THE BOND OR SURETY FOR EXCESS COSTS SO PAID. THE PRICES PAID BY THE COUNTY OF LOS ANGELES SHALL BE CONSIDERED THE PREVAILING MARKET PRICE AT THE TIME SUCH PURCHASE IS MADE. THE COUNTY OF LOS ANGELES SHALL BE 671 . BI (SPECIAL TERMS & CONDITIONS I SOQNOST R BR S D 1201188 -1 COMPAR1666e IY 8H tO. PAGE BID DUE: 05/26/11 12 : Q4; QO PM Wondries Fleet GrOUP 27 SOLE JUDGED 7 eS"ll r&CE. STATE HER 1�M i��(K ��/MANW iY, ![JR�+R'A IM COVERING EQUIPMENT m��fSi� LJ 9 ON PARTS.......... ON LABOR ... ............................... PRECEDING EACH EQUIPMENT ITEM AND RELATED WARRANTY SERVICE WILL BE AWARDED ON A LOT TOTAL BASIS. VEHICLE PAYMENT UPON DELIVERY OF VEHICLES, VENDOR MUST SUPPLY ONE (1) COPY OF THE ORIGINAL PURCHASE ORDER ALONG WITH ONE (1) COPY OF THE COMPLETED SPECIFICATIONS WITH EACH VEHICLE, ALSO, VENDOR MUST SEND THE ORIGINAL COPY OF THE VEHICLE INVOICE TO THE BILLING ADDRESS LISTED ON THE -PURCHASE ORDER. - IF THESE INSTRUCTIONS ARE NOT COMPLETED AS REQUIRED, VENDOR PAYMENT(S) MAY BE DELAYED. ALL CHARGES, E.G., TRANSPORTATION, PACKING, INSTALLATION, MUST BE INCLUDED IN THE BID. NO CHARGES WILL BE ALLOWED UNLESS SPECIFIED IN THE BID. DEFAULT: IN THE EVENT VENDOR FAILS TO PERFORM HEREUNDER AND DOES NOT CURE SUCH FAILURE WITHIN FIFTEEN (15) CALENDAR DAYS OF THE DATE COUNTY'S NOTICE WAS SENT TO VENDOR, COUNTY MAY, AT ITS SOLE DISCRETION, CANCEL OR TERMINATE THIS PURCHASE ORDER. SUCH CANCELLATION OR TERMINATION SHALL BE AT NO COST TO COUNTY, SHOULD COUNTY SO CANCEL, OR TERMINATE, COUNTY MAY AT ITS SOLE DISCRETION, PROCURE THE ITEMS OR SERVICES FROM OTHER SOURCES AND VENDOR SHALL BE LIABLE TO COUNTY FOR ANY AND ALL EXCESS COSTS, DETERMINED BY COUNTY, FOR SUCH ITEMS OR SERVICES. SHOW ESTIMATED MILES PER GALLON BASED ON THE LATEST EPA MILEAGE GUIDE - CALIFORNIA..... ....... ....................CITY HWY. STATE MAKE AND MODEL YO P7 OFFER. / DELIVERY TO BE MADE VIA FULL MOUNT" TRUCK OR RAIL (CHECKONE) STATE LOCATION OF FACTORY.. QUOTE PRICE PER UNIT DELIVERED........... IN LINE WITH OUR ENERGY CONSERVATION PROGRAM, CONSIDERATION WILL BE GIVEN TO EQUIPMENT THAT USES FUEL OR ENERGY IN THE MOST EFFICIENT MANNER, CONSISTENT WITH THE OPERATIONAL NEEDS OF THE USING DEPARTMENT. EVALUATION AND AWARD: (FOR VEHICLES UNDER $000 GVW) AWARD WILL BE MADE TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATIONS BASED ON THE LIFE CYCLE COST (L.C.C.) METHOD. THE L.C.C. VALUE WILL BE BASED ON VALUE LESS DISCOUNTS {WHEN APPLICABLE, PLUS SALES TAX PLUS FUEL COST DURING LIFE OF VEHICLE) BIDDER SHALL FURNISH THE MILES PER GALLON (MPG) PER UNITED STATES, ENVIRONMENTAL PROTECTION AGENCY /U.S. DEPARTMENT OF ENERGY DATA AS PUBLISHED IN THE LATEST MILEAGE GUIDE - CALIFORNIA. LIFE CYCLE COST (L.C.C.) = VALUE - DISCOUNT+ SALES TAX FUEL COST. L.C.C. DETERMINING FACTORS: VALUE - PRICE QUOTED BY BIDDER. DISCOUNT - CASH OR TRADE DISCOUNTS ALLOWED BY BIDDER SALES TAX LOCAL AND STATE FUEL COST - TOTAL MILES DRIVEN X COST PER GALLON MPG (FUEL COSTS WILL BE TAKEN FROM THE CURRENT L.A. COUNTY CONTRACT) This solicitation IS NOT for a federally funded purchase. Only Local Small Business Enterprises certified by the Office of Affirmative Action Compliance are eligible for the Local SBE Preference. PROCUREMENT RATED AS COMPLEX M&P REQUEST FOR BID PRICE SHEET SO NO-: RFB -IS- 11201188 -1 COMPsvem Mail to" PAGE Wondries Fleet Group $�D DUE: 05/26/11 12:oa:0o PM 26 LINE N0. 124ToAI %'1t1R�8o%CRIPTION QUANTITY FROM /TO UNIT UNIT PRICE EXT. AMOUNT Alhambra 3 ♦"/ ro v 15 V / ��� p hw, / 1 COMMODITY CODE: 070- 06 -00- 0000000 100.00 EA QE (/L9 VEHICLE - SEDAN, POLICE PACKAGE, FRONT ENGINE, 4.6 LITER / V -S ENGINE, 4 -SPEED AUTO, BLACK & WHITE - PER THE ATTACHED SPECIFICATIONS LABELED AS EXHIBIT A. VEHICLE SHALL BE TESTED AND CERTIFIED AS "HIGH SPEED POLICE PACKAGE VEHICLE" AT THE LASDIS MOST RECENT ANNUAL "LAW ENFORCEMENT VEHICLE TEST AND EVALUATION PROGRAM." UNLESS SPECIFIED ELSEWHERE SHIP TO COMM & FLEET MGMT BUREAU 15757 1104 N. EASTERN AVENUE DOOR #50 LOS ANGELES, CA 90063 COMM AND FLEET MGMT BUREAU 7 ~� o 2 COMNODITY CODE: 070- 06 -00- 0000000 500.00 EA NEW TIRE TAX FEE (5 TIRES x 100 VEHICLES) - PER THE ATTACHED SPECIFICATIONS LABELED AS EXHIBIT A. VEHICLE SHALL BE TESTED AND CERTIFIED AS "HIGH SPEED POLICE PACKAGE VEHICLE" AT THE LASD'S MOST RECENT ANNUAL "LAW ENFORCEMENT VEHICLE TEST AND EVALUATION PROGRAM." REFERENCE: RQN #: 11020011 FA APPROVAL CODE: IIFX87143 FUND: A01 UNIT: 15757 - COMM. & FLEET MGT. BUREAU OBJECT CODE: 6049 (FIXED ASSET) ACTIVITY CODE: PVEH FUNDED BY: CFMB GENERAL FUNDS - FIXED ASSET VEHICLE ASSIGNMENT: VARIOUS UNITS UNLESS SPECIFIED ELSEWHERE SHIP TO COMM & FLEET MGMT BUREAU 15757 1104 N. EASTERN AVENUE DOOR #50 LOS ANGELES, CA 90063 COMM AND FLEET MGMT BUREAU 6 M&P Exhibit A LOS ANGELES COUNTY SHERIFF'S DEPARTMENT VEHICLE SPECIFICATION SHEET VEHICLE TYPE SHERIFF'S HIGH SPEED, BLACK & WHITE POLICE PACKAGE, FULL -SIZE, 4 -DOOR SEDAN BUDGET PERIOD FY 10 /11 REQUISITION NO. RQN -SH- 11020011 QUOTATION NO. RFB -IS- 11201188 SPEC'S PREPARED BY ! Sergeant Kristi Yeager, CFMB., kjyeager @lasd.org TELEPHONE NO. (323)881-3983 END USER, (DEPT. UNIT) ! REPRESENTATIVE APPROVED BY Lt. Vance Duffy, CFMB, vedufyy@lasd.org (FLEET MANAGER) (323) 881 -3982 VENDOR NAME i i //�� �'' F lee+ g rro u _ VENDOR ADDRESS 2� -,-'XWam VENDOR PHONE # (Ozw 4 �; 1 —���� VENDOR ..r. Joe, cor O ei l REPRESENTATIVE SPECIAL INSTRUCTIONS The successful vendor must allow the same prices to any additional participating agency that requests it, through the requested model year. Bid prices must be guaranteed for the current model year. Vehicles shall be of the make, model and mechanically equipped as tested and certified as "High Speed Police Package Vehicles" at the Los Angeles County Sheriff Department's most recent annual "Law Enforcement Vehicle Test and Evaluation Program." The final delivery date of the completed unit(s) / vehicle(s), may not exceed 180 days from the date the bid is awarded. —1— � I bbl 70 WARRANTY Warranty to be standard manufacturer's warranty as supplied with all vehicles sold by manufacturer. 2. Warranty work will be performed at a dealership in the area in which the vehicle is assigned. WARRANTY PERIOD WILL START ON THE DAY THAT THE VEHICLE IS PUT INTO SERVICE BY THE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT, NOT THE DATE OF VEHICLE DELIVERY. DELAYED WARRANTY START NOT TO BE LESS THAN EIGHTEEN MONTHS. 4. Use of other than original equipment parts will not void warranty. 5. Warranty card to be delivered to Sheriff's Fleet Management Unit. 6. All vehicle components substituted or changed after bid is awarded, and any component deviations initiated at the discretion of vehicle manufacturer must be warranted by the manufacturer for parts replacement and parts installation. The warranty shall be effective from the day the vehicle is put into service by Sheriff s Department. EMISSION STANDARDS Manufacturer's Standard Equipment and all devices necessary to comply with the Federal Motor Vehicle Safety Standards will be included. 2. Vehicle must comply with all Federal Emission Standards on crankcase, exhaust, and applicable California State laws on crankcase and fuel emissions. —2— 71 (ANERAL SPECIFICATIONS AND STANDARDS 1, All equipment furnished will be subject to the approval of the Purchasing Agent, Director of Internal Services Department and the using Department. 2. The body, finish, and fittings shall be the latest model. They shall be new and not have been used in demonstrator or other service, and shall be factory standard in all respects and not in conflict with any specification requirements. 3. All standard equipment is to be included on the vehicle as listed in the 2011 model year brochure. 4. Trade names mentioned in these plans and specifications are not restrictive and are given only to indicate the type of material which will be acceptable. When furnishing other than these trade name items, they must be of equal or better quality, must be indicated in bidder's proposal, and must be approved by the Los Angeles County Sheriff's Department Fleet Manager. 5. All deviation(s) or component change(s) after the bid has been awarded, must first be proceeded by notification to the Sheriff's Department Fleet Management Unit and acceptance /approval must be granted by the Sheriff s Department's Fleet Manager or his/her designated representative. 6. Thirty (30) copies of the Maintenance Service Manual and thirty (30) copies of the electrical wiring diagram manuals must be furnished by the successful bidder(s) within 45 days of the receipt of the Purchase Order or payment will be delayed. In addition, one (1) copy of all Technical Bulletins pertaining to selected vehicle shall be provided in a timely manner. 7. Bidders shall submit detailed literature of the vehicle they propose to furnish. 8. Failure to submit this information is sufficient cause for rejection of bid. 9. Dealer shall furnish Dealer's Bill of Sale in the name of. Los Angeles County Sheriff's Department 1277 North Eastern Avenue Los Angeles, California 90063. 10. Successful bidder shall provide within fifteen (15) days verification of dealer order. Verification is to be forwarded to the Fleet Manager. 11. Dealer to furnish invoice at time of delivery for each vehicle received. 12. Dealer shall furnish a list of all specialized tools and equipment needed for the repair of the vehicle and/or any related components. —3— 72 PRE- DELIVERY INSPECTIM4 — "PILOT VEHICLE" 1. Vendor to provide for pilot vehicle inspection at the assembly plant by one (1) representative of the Los Angeles County Sheriff's Department. All pilot vehicle inspection travel arrangements shall be direct non -stop flights, between the most convenient points of both departure and destination. The scheduled flights will be during normal business hours. All related costs of the pilot vehicle inspection, including travel, lodging, and meals will be the responsibility of the vendor. In the event that a vendor representative will not accompany the Sheriff Department's representative, the dealer will arrange for a rental car to be made available to the Sheriff Department's representative, and will also provide a per diem to the Sheriff Department's representative for lodging, meals, and vehicle rental prior to the actual travel. 2. Inspection to confirm vendor's compliance to vehicle specifications. —4— 73 DELIVERY The vehicles delivered to the Los Angeles County Sheriffs Department by the successful bidder will be identical in every detail. 2. Vehicles will have the dealer preparation service work, normally performed by the dealer, completed before delivery. 3. Dealer preparation shall include the removal of all window stickers, transport papers, etc., that are adhered to the windows or any other portion of all vehicles. Vehicles shall not be delivered with any type of license plate frame or placard identifying the dealer's name. 4. The final delivery date of the complete order of vehicles may not exceed 180 days from the date the bid is awarded. 5. Vehicles, upon delivery, will be ready for service. 6. Delivery site of vehicles to be determined at a later date. Vehicles will be delivered with a full tank of fuel. Vehicles will either be delivered with all "non- installed and/or to be attached after delivery", components in the trunk of each respective vehicle, or prior to the vehicle(s) being delivered, components may be "drop- shipped directly to the Sheriff s Fleet unit at: 1104 N. Eastern Ave, Door # 50 Los Angeles, CA 90063 If any components are "drop- shipped ", the packing slip(s) and/or shipping ticket(s) must have the corresponding "LA County ISD purchase order number" as related to the vehicle(s) being purchased, legibly printed on it/them. Shipments not so marked will be refused. 10. Before any payment for the vehicle(s) is made, "documentation proof" that any and all, components have been paid for in full by the winning bidder, must be submitted to the Sheriff's Fleet operations office. Failure to do so will be considered an incomplete delivery and delay any payment(s). —5— 74 LIQUIDATED DAMAGES All time limits stated in the Purchase Order are critical and mandatory. Should the delivery not be completed on or before the time stipulated, it is mutually agreed by and between the successful bidder and the Los Angeles County Sheriff's Department that: A delay in delivery would seriously affect the public and the operation of the Los Angeles County; that a reduction in the unit price of twenty -five dollars ($25) per calendar day for each and every day for each unit which exceeds the delivery time set forth in the Purchase Order is the nearest measure of damages for each delay that can be fixed at this time, therefore, the County and the successful bidder hereby establish said reduction in the unit price of twenty -five dollars ($25) per calendar day for each and every day of delay for each unit as liquidated damages and not as a penalty or forfeiture for the breach of agreement to complete delivery by the successful bidder on or before the time specified in the Purchase Order. Liquidated damages shall not apply to time elapsing between date of delivery and date of notification to the successful bidder or rejection of sub - specification material. The above conditions may be invoked if deliveries exceed the specified time or if replacement of material not meeting specifications exceed the specified time. Should the successful bidder be obstructed or delayed in the work required to be done herewith by changes in the work or by default, act, or omission of the Sheriff s Department, or by strikes, fires, acts of God, or by the inability to obtain materials, equipment or labor due to Federal Government restrictions arising out of the defense or war program, then the time of completion shall be extended for such periods as may be agreed upon by the Sheriff's Department and the successful bidder. If there is insufficient time to grant such extensions prior to completion date of the contract, the Sheriff's Department may, at the time of acceptance of the work, waive liquidated damages which may have accrued for failure to complete the work on time, due to any of the above, after hearing evidence as to the reasons for such delay and making a finding as to the cause of same. In the event that the successful bidder is on strike at the time of the award of the bid, the Sheriff's Department reserves the option to accept the first acceptable bid from a manufacturer that is not on strike. —6— 75 SPECIFICATIONS - SHERIFF'S HIGH SPEED, BLACK & WHITE, POLICE PACKAGE, FULL -SIZE, 4 -DOOR SEDAN BIDDER INSTRUCTIONS Bidders will use box provided at left margin. A check mark therein will be considered by the Sheriff's Department as indication that bidders are meeting or exceeding that portion of the speciflcation. Any deviations of specifications are to be noted by the bidder to right or specification form under `Bidder's Exceptions." Any "equivalent" substitution of specified items or parts, must be with the prior approval of the Sheriff's Fleet Manager. CHASSIS BIDDERS EXCEPTIONS [ } Body on frame. PI Layout [ ] IFront engine. [ ] I Rear wheel drive. Wheel base [ ] 1 114.6 inches. [ ] Front -Independent, SLA with ball joint lower, coil spring and stabilizer bar. [ ] Rear - 4 bar link, with Watt's linkage, coil spring, and stabilizer bar. Steerin [ ] I Power, rack and pinion steering. Power steering should be `engineered as to provide maximum road feel and handling. —7— 76 SPECIFICATIONS - SHERIFF'S 141614 SPEED, BLACK & WHITE, POLICE PACKAGE, FUL"IZE, 4-DOOR SEDAN CHASSIS (continued) _ I BIDDERS EXCEPTIONS Brakes S S EciF' [ ] Power disk brakes required on both front and rear. [ ] 4-wheel Anti -lock brake system (ABS) required. [ ] I Brake performance capacity.* * Serni- metallic lining or wet and dry performance equivalent must be furnished. Brake material must be exactly as tested and certified at the last L.A.S.D. Law Enforcement Vehicle Test and Evaluation Program. Tires and Wheels AS SPECIFIE [ ] Five (5) each, radial tires and wheels per vehicle.* [ ] Tire size not smaller than P235/55R17. [ ] Tires must conform to AAttachment 1 ". f ] Blackwall tires only, whitewall tires are not acceptable. C ] 17" black steel wheels, with factory standard metal center wheel cap covers. [ ] All tires supplied shall be of the make and model as tested and certified at the Los Angeles County Sheriff's Department "Law Enforcement Vehicle Test and Evaluation Program." "Space Saver" type spare tires not acceptable —8— 77 SPECIFICATIONS - SHERIFF'S EgGH SPEED, BLACK & WHITE, POLICE PACKAGE, FULL -SIZE, 4 -DOOR SEDAN DRIVE TRAIN Engine [ ] Fuel injected, water cooled, gasoline. [ J Engine to be 4.6 liter minimum, V8 SOHC design. [ ] 250 horsepower minimum @ 4900 RPM, on 87 octane gasoline. [ ] 297 ft, lb. torque minimum @ 4000 RPM on 87 octane gasoline. [ } Pulley sizes and arrangements identical on all vehicles delivered. [ ] I Oil filter to be manufacturer's standard. [ ] I Accessories to be identical on all vehicles delivered. Cooling System [ ] Radiator must be heavy -duty of sufficient capacity to have passed all previous heat tests performed during the most recent Los Angeles County Sheriff's Department "Law Enforcement Vehicle Test and Evaluation Program." [ ] Coolant recovery system is required and identical on all vehicles delivered. * [ J All radiator /coolant hoses to be "EPDM" type, two (2) ply pre - formed constructed, to include bypass and heater hose. [ ] ;Factory installed external engine and transmission oil coolers required. Recovery system must be factory - installed type. Dealer- installed after market systems will not be acceptable. —9— BIDDERS EXCEPTIONS SPIFI AS SPEiIE 78 SPECIFICATIONS - SHERIFj''S HIGH SPEED, BLACK & WHITE, POLICE PACKAGE. FULL -SIZE. 4 -DOOR SEDAN DRIVE TRAIN (continued) BIDDERS EXCEPTIONS Transmission A Q S ECIQ [ ] Automatic four (4) speed. Rear Differential [ ] 3.27 axle ratio Fuel Tank [ ] The fuel tank capacity shall be sufficient to provide a minimum cruising range of 300 miles, based on the Sheriff's Department latest ",Fuel Efficiency Evaluation Test" and still allow a 10% reserve. ELECTRICAL [ ] Dry Cell Battery or Department Approved Equal, 12 volt, 570 negative ground, 750 C. C.A., maintenance free. l 5G #e �✓ [ ]'Alternator, 200 -amp output minimum. AS SPECIFIE [] Alternator, 40 -amp output at 700 engine RPM. [ ] Ignition, electronic -type. [ ] Ignition high tension wiring required to be heat resistant. [ ] miring on all vehicles to be identical. —10— 79 SPECIFICATIONS - SHERIFF'S HIGH SPEED, .BLACK & WHITE, POLICE PACKAGE FULL -SIZE 4 -DOOR SEDAN BODY BIDDERS EXCEPTIONS Exterior EIFIE [ ] Four -door sedan. [ ] Framed door windows required. [ ] Factory tinted glass throughout. [ ] Full body side moldings, including front door, installed. [ ] Black and White color scheme. Paint layout will be provided to successful bidders. No premium for clear -coat colors. [ ] Driver's and front passenger's side front airbags. [ ] Front seat side airbags. [ ] Padded dashboard, non reflective. [ ] Rearview mirror, inside (day /night type). [ ] Gauge cluster (volt, oil pressure, water temperature, and fuel.) [ ] Speedometer head to indicate speeds to 120 MPH and be accurate +2 MPH at 80 MPH. Certification of speedometer calibration to be furnished. [ ] I Cigarette lighter, front only. [ ] Second auxiliary 12 volt power outlet in front passenger area. [ ] I ,Ashtrays in front only. —11— AS SPECIFIE [E SPECIFICATIONS - SHERIFF'S HIGH SPEED, BLACK & WHITE, POLICE PACKAGE FULL-SIZE, 4 -DOOR SEDAN BODY (continued) BIDDERS EXCEPTIONS Interior (continued) 1 F I [ ] "Delete" round 5" interior Dome Map Light. [ ] Vehicle's interior light(s), shall be inoperative when doors open, switch controlled. [ ] i Heavy -duty, black rubber floor matting. Seats [ ] 1 Heavy -duty, 40140 or 45145 seats (9" minimum between seats.) [ ] I Heavy -duty, foam rubber in all seats required. I UnholsterY [ ] Insulated headliner. [ ] Solid or breathable vinyl side panels. [ ] Front seats to be heavy -duty cloth, rear seat to be heavy duty vinyl. [ ] Solid vinyl armrests (front only). [ ] Color of seats to be selected by Los Angeles County Sheriff s Department and will be the same color in all Black and White vehicles. —12— M SPECIFICATIONS - SHERIFF'S HIGH SPEEb, BLACK & WHITE, POLICE PACKAGE. FULL - SIZE. 4 -DOOR SEDAN BODY (continued) BIDDERS EXCEPTIONS Trunk [ ] Gas tank utilized as floor trunk will not be acceptable. I F [ ] Floor mat in trunk. [ ] Deck lid, when opened remotely, must be restrained in order to prevent damage to the hinges. [ J Deck lid must remain in the full open position when opening manually. [ ] Trunk light to be installed and connected to turn on automatically when deck lid is opened. —13— W, SPECIFICATIONS - SHERIFF'S HIGH SPEED, BLACK & WHITE, POLICE PACKAGE, FULL -SITE, 4 -DOOR SEDAN FACTORY INSTALLED ACCESSORIES [ ] IMultiple speed electric windshield wipers with feature. [ ] I Aar conditioning, factory- installed. [ fl Heater, integral with air conditioning. [ ] Dual, outside, power, right and left rear view door mount mirrors, non -glare, not less than 15 square inches of mirror area. Convex -type is acceptable on right side only. [ ] IRear power and/or manual door locks must be inoperable from rear doors. [ ] I Interior rear door handles must be inoperable. [ ] (Rear power windows must be inoperable from rear doors only. ] lFront passenger window to be operable by driver and front [ ] Vehicles to have spotlights, two (2) each, Unity Model 225 or Department Approved Equal, 12 -volt, with Halogen bulbs, 100,000 candle power minimum, mounted on left and right door post. Spotlights to be factory- installed or if after market installation is to be used, factory spotlight prep package must be ordered and Sheriff's Department must approve of installer. Spotlights must be wired to fuse panel with separate fuse for each spotlight or in-line fuse readily accessible for maintenance. F, usible link andlor connectors are not acceptable. —14-- BIDDERS EXCEPTIONS 83 SPECIFICATIONS - SHERIFF'S HIGH SPEED, BLACK & WHITE, POLICE PACKAGE, FULL -SIZE, 4 -DOOR SEDAN ` KEYS AND ENTRY SYSTEMS(S) BIDDERS EXCEPTIONS ' [ ] Single -key locking system in all vehicles, including trunk and glove compartment. [ ] All vehicles keyed identical. NO CHIPPED KEYS. [ ] All vehicles provided with four (4) keys. Aluminum keys are not acceptable. [ ] NOTE: The key code will be selected when Purchase Order is awarded. * After the bid is awarded, the successful bidder shall obtain the designated key code from Hiroshi Aramaki at (323) 821 -0664. [ ] Engine compartment hood shall be controlled from inside the vehicle by a release lever and/or switch, located on the left side (driver's area) of the vehicle. [ ] Two (2) electric remote deck lid (trunk) release buttons shall be installed by the manufacturer. One on the driver's door, the other on the instrument panel (accessible to the front passenger.) Remote buttons must be functional only when ignition is on (ignition powered.) �� SPECIE SPECIALITY ITEMS AND INSTRUCTIONS [ ] Vehicles to be equipped with radio interference suppression AS 080P EF package, meeting described specifications. [ ] Vehicles to be delivered with a full tank of fuel. [ ] Each vehicle shall be delivered with one seat belt extender. [ ] Any manufacturer installed daytime running lights must be inactivated. —15— SPECIFICATIONS - SHERIFF'S HIGIR SPEED, BLACK & WHITE, POLICE PACKAGE. HILL -SIZE. 4 -DOOR SEDAN ADDITIONAL BIDDER SUPPLIED ITEMS (NOTINSTALLED INEWIN-BOXIDELHERD WITMNEACH VEHICLE) BIDDERS EXCEPTIONS Prisoner Com artment Illumination: Included with each vehicle will be a white Irn axx LED light P g be mounted onto the prisoner protective partition. Part # IPX300 -5 White or Department Approved Equal Contact. Sam Davis, Regional Manager Federal Signal Corporation Phone # (951)202 -5577 Push Bumper: [ ] Included with each vehicle will be a push bumper manufactured "Go Part # 5038 Department Approved Equal. SPECIF11 by Rhino." or The Los Angeles County Sheriffs Department will be responsible for providing Go Rhino Products with a red LED light and bezel, to be used as an exemplar, along with the location in which the required mounting holes must be_drilled through the push bumper prior to shipping to the Los Angeles County Sheriff's Department, Contact: Miguel Go Rhino Products Phone (714) 257 -7389 —lb- .0 D l a lu 85- SPECIFICATIONS - SHERIFF'S HIGH SPEED, BLACK & WHITE, POLICE PACKAGE, FULL-SIZE, 4 -DOOR SEDAN Push Bumper Lights: [ ] Included with each vehicle will be a pair of "Whelen", Red � - �� Flashers, Model # 5VR02ZRR or Department Approved Equal.. [ ] ISurface Mount Flanges 5LSMAB or Department Approved Equal Contact. Carlos Alcaraz, Territory Manager Wattco Phone # (213)500 -8585 —17— SPECIFICATIONS - SHERIFF'S HIGH SPEED, BLACK & WHITE, POLICE PACKAGE, F[JLL -SIZE, 4 -DOOR SEDAN ADDITIONAL BIDDER SUPPLIED ITEMS (continued) ( NOTINSTALLED /NEWIN- BOXIDELIVERD WITHINEACHVEHICLE) BIDDERS EXCEPTIONS Prisoner Hard Seat 1 ) 3FI 5 Included with each vehicle will be a "Laguna 3P Hard Seat" or Department Approved Equal with molded arm pockets. Model #F2501FB or Department Approved Equal, Los Angeles County Sheriffs Department Version, "ABS" or better, KV2011 material used to construct new seats molds. References: Laguna Manufacturing, Inc. Contact: Ralph Harpster 1( 800) 516 -2322 Prisoner Partition S ] Included with each vehicle will be a Prisoner Partition, with the plastic shield behind the driver and passenger and the screen in the middle. Part # TP- DELUXE -SB -SS or Department Approved Equal. ( Prisoner Partition Mounting kit `Big Boy" Part # 2- mnt- pcv09 -BB or Department Approved Equal Prisoner Partition Kick Panel Part # 2- KP- PCV -SS -R or Department Approved Equal C Prisoner Partition Mounting Bracket, part #AC -LACO -LED, for LED light or Department Approved Equal. References: Troy Sheet Metal Works; Contact. Bebe Bornais ( 724 -0351 1 —18— a SPECIFICATIONS - SHERIFF'S HIGH SPEED, BLACK & WHITE, POLICE PACKAGE, FULL -SIZE, 4 -DOOR SEDAN ELECTROMAGNETIC CAPABILITY BIDDERS EXCEPTIONS Electromagnetic Interference Susceptibility Vehicle is intended for use in presence of electromagnetic fields resulting from u of public safety two -way radios. Vehicle performance shall e affected in any way by transmissions from a radio and antenna installed in the vehicle and operating in any of the frequency ranges of 30 to50 -MHZ, 150 to 174 -MHZ, 450 to 512 -MHZ, and 800 to 900 -MHZ and having a radio frequency output no less than 100 -watts. Vehicle performance shall not be affected by the presence of another vehicle equipped with the above described radio and operated adjacent to the subject vehicle. Radiated and Conducted Electromagnetic Interference Vehicle systems and accessories shall be designed to minimize interference with the use of public safety radio receivers or electronic sirens or sound amplifiers. The effective sensitivity of a receiver installed in the vehicle shall not be reduced by more than the amount tabulated below for each frequency band. ALLOWABLE FREQUENCY BAND DEGRADATION 30 to 50 - MHZ 15 d B 150 to 174 - MHZ 5d B 450 to 512 - MHZ 3d B 800 to 900 - MHZ 3d B Degradation is defined as the difference in effective receiver sensitivity measured with the vehicle engine and accessories turned off and that measured with the engine and accessories turned on. Sensitivity is measured in terms of the 12 dB Sinad signal as defined in EIA Standard RS -204. To determine effective sensitivity, the receiver is connected to the antenna through an isolating tee connector which allows introduction of the signal generator through the isolated port. Comparative signal strength readings are then taken with and without the interference Rresent. —19— M SPECIFICATIONS - SHERIFF'S HIGH SPEED, BLACK & WHITE, POLICE PACKAGE, FULL -SIZE, 4 -DOOR SEDAN M :I I torECIFIEW TIRE SPECIFICATIONS These specifications pertain to high -speed tires intended for use on Los Angeles County Sheriffs Department patrol vehicles and other emergency vehicles in extremely heavy duty applications. Vehicles range from full size to compact and are occasionally operated at speeds in excess of 100 miles per hour under a wide range of conditions, including ambient temperatures to 120° F. Tires are to be certified by manufacturer for operation at speeds of 125 miles per hour, or greater. A. SPECIFICATIONS a. Tires supplied under this'set of specifications shall be new, standard production tires expressly designed for heavy -duty, high -speed operation. They must feature exceptional safety, stability, handling, and stopping characteristics during all types of maneuvers. b. Tire construction shall be of the radial belted type. c. Regardless of construction, any tire submitted must be certified for police use by the tire manufacturer. d. Tires requiring in excess of 3 -112 oz. of counterbalance weights to attain proper balance will be deemed unacceptable. Tire size will vary to accommodate the needs of the Sheriff's Department fleet. f. All tires supplied shall be of the make and model as tested and certified at the last Los Angeles County Sheriffs Department ALaw Enforcement Vehicle Test and Evaluation Program." IKiM SPECIFICATIONS - SHERIFF'S HIGH SPEED, BLACK & WHITE, POLICE PACKAGE, FULL -SIZE, 4 -DOOR SEDAN DELIVERY: Los Angeles County Sheriff's Department Fleet Management Unit 1104 N. Eastern Avenue, Door #50 Los Angeles, CA 90063 (213) 267 -2511 SPECIAL INSTRUCTIONS: If any components are "drop- shipped", the packing slip(s) and/or shipping ticket(s) must have the corresponding "LA County ISD purchase order number" as related to the vehicle(s) being purchased, legibly printed on it/them. Shipments not so marked will be refused. Before any payment for the vehicles) is made, "documentation proof' that any and all, components have been paid for in full by the winning bidder, must be submitted to the Sheriff's Fleet operations office. Failure to do so will be considered an incomplete delivery and delay any payment(s). Upon delivery no dealer decals or license plate identifiers. Dealer shall notify Sheriff's Department Fleet Unit a minimum of 24 hours prior to delivery. Vehicle(s) and components will not be accepted after 2.00 pm. All State of California Department of Motor Vehicle paperwork, and invoicing MUST accompany each vehicle at time of delivery. There shall be one invoice per vehicle. At time of delivery, all vehicles MUST meet all specifications as written, NO EXCEPTIONS. At time of delivery, dealer shall furnish Dealers Report of Sale in the name of LOS ANGELES COUNTY SHERIFF'S DEPARTMENT 1277 N. EASTERN AVENUE LOS ANGELES, CA 90063 WE 90 VENDOR BID LIST BID NUMBER CLOSING DATE BUYER -IV(OA,a 4 2 3 4 5 5 B - T .g 10 11 12 13 14 15 BID RESPeMSES, 16 17 TOTAL F20 Created by ODP11 -03-05 REVISED 11 -10-05 91 EL SEGUNDO CITY COUNCIL MEETING DATE: February 7, 2012 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to approve continuation of the steps necessary to complete the emergency repair and replacement of the netting and poles at "The Lakes" Golf Course Driving Range. (Fiscal Impact: $420,000.00) RECOMMENDED COUNCIL ACTION: 1. Approve the continuation of the steps necessary to complete the emergency repair and replacement of the netting and poles at "The Lakes" Golf Course Driving Range, or 2. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT: Budget Adjustment Requested Amount Budgeted: $0 Additional Appropriation: Yes $287,000 was appropriated by Council on December 6, 2011; an additional $20,000 is being requested. Account Number(s): Continuing Appropriations: 503 -400 -5301 -8104 ($43,000); 503- 400 -5302 -6215 ($9,500); 503- 400 -5307 -6215 ($10,500); FY 11 -12: 503- 400 -5301 -8104 ($60,000); 601 - 400 -5301 -8104 ($45,000); 405- 400 - 0000 -6215 ($139,,0000) 4-- ORIGINATED BY: Stephanie Katsouleas, Public Works Director J REVIEWED BY: Bob Cummings, Parks and Recreation Director v APPROVED BY: Doug Willmore, City Manager BACKGROUND AND DISCUSSION: On December 6, 2011, City Council adopted Resolution No. 4765 and authorized staff to proceed with the repair and replacement of "The Lakes" Golf Course Driving Range netting and poles that were damaged in the November 30th wind storm. After receiving three spot bids, selecting the low bidder and negotiating scope of work and contract terms, staff awarded a contract to Judge Netting for $409,300 on December 22, 2011 and requested an additional $10,700 contingency on January 17, 2012. Judge Netting placed its order for materials and submitted construction plans to the City's Planning and Building Safety Department for review and approval. The plan approval process took longer than expected, largely due to Judge Netting's assumption that a 1999 soils report could be used for the structural calculations of the poles and embedments. However, the report did not provide the level of detail necessary for the plans submitted, and additional information needed to be obtained. The City subsequently approved the plans and issued a permit on January 26, 2012. Judge Netting submitted a work schedule calling for commencement of the work on February 1, 2011. The work will take approximately four weeks to complete. 92 Please note that Resolution No. 4765 requires that staff provide a status update at each City Council meeting until the repair is completed and that City Council determine, by four -fifths vote, that there is a need to contialue repair work. Staff recommends that the City Council authorize this emergency repair until it is completed. 93 EL SEGUNDO CITY COUNCIL MEETING DATE: February 7, 2012 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding approval of an amendment to Agreement No. 3874 with AKM Consulting Engineers for engineering services to complete the design for the upgrade of sanitary sewer pump station No. 1 and possible elimination of pump station No. 7. (Fiscal Impact: $47,136.00) RECOMMENDED COUNCIL ACTION: Authorize the City Manager to execute an amendment with AKM Consulting Engineers for an amount not to exceed $47,136.00. 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: AKM proposal FISCAL IMPACT: Included in Adopted Budget Amount Requested: $47,136.00 Additional Appropriation: No Account Number(s): 502- 400 - 8204 -8650 ORIGINATED BY: Maryam M. Jonas, Principal Engineer REVIEWED BY: to hanie Katsouleas , Public Works Directof S p APPROVED BY: Doug Willmore, City Manager BACKGROUND AND DISCUSSION: A Professional Services Agreement was executed with AKM Consulting Engineers for $276,480 to prepare design plans to upgrade the City's existing sanitary sewer pump station No. 1 and provide recommendations that could lead to the elimination of sanitary sewer pump stain No. 7. The original scope of work called for up to 30 sheets of engineering drawings, which included designs for an emergency backup generator. After the preliminary design investigation, the City ask AKM to further monitor the influent flow to the pump stations and provide recommendations for diverting flows from drainage area 7 to area 1. This request resulted in additional flow monitoring not called for in the original scope of work. Public Works staff also recommended replacing the emergency generator with a diesel engine standby pump that allows pumping to continue in the event of a power loss or switch gear or sewage pump failure and would act as the primary pumping system during routine maintenance and repairs. These two changes increased the number of drawings from 30 to 43 sheets. The additional expense related to these design changes is $43,136.00. The funding for this service is provided through the sewer enterprise fund. EV• 94 Adw AKM Consulting Engineers 553 Wald Irvine, CA 92618 Telephone: 949.753.7333 Facsimile: 949.753.7320 December 29, 2011 City of El Segundo 350 Main Street El Segundo, California 90245 Attention: Ms Maryam Jonas Principal Civil Engineer Water Resources Infrastructure Construction Management Subject: Request for Budget Augmentation for Pump Stations 1 and 7 Improvement Project Dear Ms. Jonas: AKM Consulting Engineers submitted a proposal to the City of El Segundo for Design of Sanitary Sewer Pump Station No.1 and Elimination of Pump Station No. 7, based upon the scope of work included in the agreement dated December 1, 2008. Our scope of work included a total of 30 sheets of plans. It included an emergency back -up generator similar to the Pump Station No.4 project. During the development of the project, AKM had to conduct additional work in order to better define the project, and address the revisions requested by the City. Of significance were the design of improvements to incorporate a diesel engine driven standby pump instead of a standby generator, and the alignment of the force main, which added three sheets to the originally anticipated single sheet. As a result, AKM developed 43 sheets of drawings (43 percent increase in Task B, Final Design Services), and incurred additional expenses totaling $47,136. We request an increase of $47,136 in our budget for the extra work performed. Should you have any questions regarding this request, please do not hesitate in contacting the undersigned. Very truly yours, AKM Consulting Engineers eki Kayiran, P.E. Principal 95 EL SEGUNDO CITY COUNCIL MEETING DATE: February 7, 2012 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding a request from the El Segundo Chamber of Commerce to waive City fees and costs in the amount of $800.00 in accordance with ESMC Section 8 -8 -7 D 1 for the El Segundo Chamber of Commerce Downtown Cruise event. (Fiscal Impact: $800.00) RECOMMENDED COUNCIL ACTION: 1. Approve the request from the El Segundo Chamber of Commerce to waive $ 800.00 in City fees and costs; 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Letter of request from the El Segundo Chamber of Commerce 2. Site Plan 3. Copy of ESMC Section 8 -8 -7 D 1 FISCAL IMPACT: Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Bob Cummings, Director of Recreation and Parks 1330; REVIEWED BY: , APPROVED BY: Doug Willmore, City Manager BACKGROUND AND DISCUSSION: The El Segundo Chamber of Commerce is partnering with the Automobile Driving Museum and Hot Rod Magazine to host a Downtown Cruise event on Saturday, February 25, 2012 from 1:00 p.m. to 5:00 p.m. on the 100 and 200 blocks of Main Street and the 100 blocks of East and West Franklin Street. The purpose of the event is to attract people to Downtown El Segundo and introduce new customers to our Downtown businesses. Over 800 participants are expected during the course of the event. The El Segundo Chamber of Commerce is requesting the City to waive fees in the amount of $800.00 in accordance with ESMC Section 8 -8 -7 D 1, which includes Police Department staffing and vehicles. 96 3 I W%Ml� January 18, 2012 City of El Segundo 350 Main Street El Segundo, CA 90245 Dear Mayor Busch and Council Members: The El Segundo Chamber of Commerce is requesting the waiver of all fees applicable to our Special Event Use Application submitted on January 17, 2012, for the Downtown Cruise to be held on Saturday, February 25, 2012, in the 100 and 200 blocks of Main Street and the 100 blocks of east and west Franklin Avenue. The purpose of this event is to bring people to Downtown El Segundo and introduce new customers to our Downtown businesses. This event is not a fundraiser for any of the sponsors. Your consideration of this request is greatly appreciated. if you have any questions, please contact our office at (310j 322 -1220. Sincerely, Marsha Hansen Executive Director /P? _ iN l=hn S_re t - !_-- -.i : : eG y' jdr, i _�d 9I10245 3 $ a 0322,1220 r, f 7- °a . '3-10.322,6880 97 #�i;�� �l; 1j 4lsj (L� �I�' 7` ��Si�- �'Sf�'�i'_,li-- v�{i��ii €,� s¢ ". ✓��,� I- I 02 CD -, Mo. " 0? 0 N) O 0 CD 0 (D fft -7- -Am 6z FRI 3AVN17)WV&.4M LA ILA now" Ll FRI 3AVN17)WV&.4M AM 8 -8 -5: PERMIT REQUIREMENTS: A. It is unlawful for any person to con- duct, sponsor, or knowingly participate in any event on or within any city street, sidewalk, parking facility, or other public right of way that obstructs or interferes with the normal flow of vehicular or pedestrian traffic or which does not comply with applicable traffic laws or controls. B. Activity in subsection A of this section is permissible when a permit for such an event is obtained pursuant to this chapter. A permit is not deemed is- sued until the director receives the applicant's written acceptance in ac- cordance with this chapter. (Ord. 1362, 6 -3 -2003) 8 -8 -6: EXCEPTIONS: A special event permit is not required for a pa- rade consisting of a vehicular funeral pro- cession or wedding procession. (Ord. 1362, 6 -3 -2003) 8 -8 -7: FEES: A. Established: Except as otherwise provided by federal, state, or local laws, or other city council authorized restrictions, all fees applicable to this chapter including, without limitation, fees for using public property, will be established by city council resolution. B. Service Charges: Charges will be imposed for city services provided to a permittee other than public safety and emergency services. Such charges will be determined by the applicable servicing city department(s) and will be based on the actual cost incurred :: by the city in providing such services. Such service charges will include, without limitation, charges for labor, supervision, overhead, administration and the use of any and all city equip- ment, supplies, and the like. Addition- al charges may be imposed to cover the cost of extraordinary permit inves- tigation and staff costs, if the director determines this necessary. C. Traffic Control Fee: Permittee will pay the city a fee in an amount equal to the city's total estimated costs for providing all of the personnel and materials, including, without limitation, public safety personnel, necessary to control and monitor pedestrian and vehicular traffic for such event. Such fee will be paid by the permittee be- fore the director issues a permit. The traffic control fee may be waived by the director for any permit authorizing an event involving an exercise of free speech rights. Such waiver may be granted only upon a showing of the applicant's inability to pay, which will be supported by a financial declara- tion. D. Fee Waivers: Upon an applicant's request, the director may, but is not required to, seek a fee waiver from the city council for an event. Fees may only be waived for the following applicants: City of El Segundo 1. Nonprofit groups with current inter- nal revenue code 501(c)(3) status or 501(c)(6) status, government agen- cies, and public schools; or 2. Community service groups or orga- nizations without current internal reve- nue code 501(c)(3) status or 501(c)(6) status where the city council, by reso- October 2003 99 EL SEGUNDO CITY COUNCIL AGENDA STATEMENT AGENDA DESCRIPTION: MEETING DATE: February 7, 2012 AGENDA READING: Consent Agenda Consideration and possible action regarding adoption of plans and specifications for the City of El Segundo Energy Retrofit Project. Project No. PW 12 -01 (Fiscal Impact: $108,723) RECOMMENDED COUNCIL ACTION: 1. Adopt Plans and Specifications. 2. Authorize staff to advertise the plans for receipt of construction bids. Authorize the City Manager to sign a professional Services Agreement with GES Solutions, LLC to provide technical support services for $10,616. 4. Alternatively, discuss and take other action related to this item ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT: Potential Amount Requested: $108,723 Additional Appropriation: No Account Number(s): ORIGINATED BY: Maryam M. Jonas, Principal Engineer M(` - REVIEWED BY: Stephanie Katsouleas, Public Works l)ire:ctor- y f APPROVED BY: Doug Willmore, City Manage BACKGROUND AND DISCUSSION: At the council meeting of February 16, 2010, the City Council adopted resolution No. 4644 authorizing submittal of a funding application to the California Energy Commission to implement energy efficiency improvements at the El Segundo City Hall. The City Council also approved a memorandum of participation between the City of El Segundo and the South Bay City Council of Government ( SBCCOG) that authorized retaining Energy Innovation Group (EIG) to provide scope of work and construction management pertaining to the Federal Stimulus Energy Efficiency Project grant funding program. EIG prepared a scope of work that was approved by CEC on July 29, 2010. Subsequent to the CEC approval, staff requested design plans from EIG. EIG was not able to provide the necessary plans to the City. The SBCCOG decided to terminate EIG contract after receiving similar complaints from other public agency. 10 100 The City then met with FCI Management Consultants, a group recommended by Southern California Edison's municipal representative, again to provide design plans for the energy retrofit. However, after several planning meetings were held, FCI determined that it could not accept the terms of the grant funding agreement, which required reimbursement after the project was implemented. Staff was finally able to retain CES Solutions, LLC in December of 2011 to provide the technical supports and required CEC reporting for this project. In December of 2011, the final scope of work was approved by CEC. The specification for retrofitting City facilities is now complete and ready to be advertised for receipt of construction bids. This project must be completed by May of 2012 to meet the time requirement of the grant funds. The cost of the project including the technical support is covered by the American Recovery and Reinvestment Act (ARRA) and implemented by CEC as part of the Energy Efficiency and Conservation Block Grant Program (EECBG) for $90,691. There is also a cost share rebate from SCE for $18,032. 101 PAGE 102 WAS INTENTIONALLY LEFT BLANK 102 EL SEGUNDO CITY COUNCIL MEETING DATE: February 7, 2012 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding a request from the El Segundo Co -op Nursery School to waive the 2012 and 2013 banner fees per El Segundo Municipal Code section 8 -8 -7 D1. (Fiscal Impact: $178.00) RECOMMENDED COUNCIL ACTION: Approve the request to waive the 2012 and 2013 banner fees per El Segundo Municipal Code Section 8 -8 -7 D1. 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: Letter from the El Segundo Co -op Nursery School FISCAL IMPACT: Budget Adjustment Required Amount Requested: $178.00 (requesting to be waived) Additional Appropriation: No Account Number(s): ORIGINATED BY: Stephanie Katsouleas, Public Works Direct0 REVIEWED BY: APPROVED BY: Doug Willmore, City Manage BACKGROUND AND DISCUSSION: The El Segundo Co -op Nursery School, a non - profit 501(c)3 organization, is requesting that the $178.00 banner fee be waived for its annual `Casino Night" fundraiser being held this March. The banner will be hung at one of three locations on Main Street (300, 400 or 500 block) for two weeks starting February 27th. While the City does not have a formal banner policy, banners (and their locations) are generally approved by the Public Works Department in accordance with El Segundo Municipal Code §15- 18-12. The City fee for persons or organizations placing such banners is $178 for hanging and removal. If Council approves this request, the Co -op Nursery School has also expressed a desire to have its 2013 banner fee waived and to be added to the list of organizations brought biennially to Council for fee waiver consideration such that the Co -op does not need to make an annual request. 1 1 103 W Segdi�do op �� Schcx31 Pr'aM=?!;'9 L&ax "'J rhrou3h V/W , 300 E. Pine Ave PO Box 73 E1 Segundo, CA 90245 310 - 955 -0970 Dear Public Works, My name is Karen McAndrews and I am the Vice - President of the El Segundo Co-Op Nursery School for 2011 -2012. Please accept this letter as our formal request for a waiver of the banner permit application fee. If our request were granted, it would allow $178.00 to go directly back into our program. The El Segundo Co-Op Nursery School is holding their annual Casino Night fundraiser on March 10, 2012. Therefore, we would like our banner be hung on February 27, 2012. Casino blight is our main fundraiser for the El Segundo Co-Op Nursery School. All proceeds raised from Casino Night go directly back into the school in order to tontine our program of parent-participation pre - school education, The El Segundo Cc- operative Nursery School was founded by a group of parents in 1947 and is a non - profit organization. Our aim is to promote the physical, mental, emotional and social growth of our children along with the training of parents for a better understanding of their child. Our "Casino Night" is a long - standing fundraising tradition in El Segundo and is the only fundraiser of the year for our preschool. Historically, our "Casino Night" drags over 350 people for a fun -filled evening of just for fun gaming, food and drinks with friends and family, all in the name of a great cause, the children of the El Segundo Co-op Nursery School. Casino Night also allows us to support local El Segundo businesses and encourage others to do the same. We would like to thank you in advance for your thoughtful consideration. If you have any questions, feel free to contact me via telephone at (310) 322 -8507 or via email at escoop.casinonight @gmail.com. Sincerely, �< r__ �A C_� Karen McAndrews and The Parents of the El Segundo Co- operative Nursery School Tax ID #95- 8001076 K �wc aAJr elwg @ yakaa. Co►t,� 104 EL SEGUNDO CITY COUNCIL MEETING DATE: February 7, 2012 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration to approve the proposed changes to the South Bay Cities Council of Governments ( SBCCOG) Joint Powers (JPA) Agreement and review changes made to the SBCCOG By -Laws by the Board of Directors. (Fiscal Impact: 0) RECOMMENDED COUNCIL ACTION: 1. Staff recommends that the City Council approve the proposed changes to the South Bay Cities Council of Governments ( SBCCOG) Joint Powers Authority (JPA) agreement and review changes made to the SBCCOG By -Laws by the Board of Directors. 2. Authorize the Mayor to sign the amended Joint Powers Agreement. 3. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Memo from SBCCOG Executive Director. 2. Fourth Amendment and Restated Joint Powers Agreement "South Bay Cities Council of Governments" (A Joint Powers Authority) 3. By -Laws South Bay Cities Council of Governments FISCAL IMPACT: None Amount Requested: $0 Additional Appropriation: No Account Number(s): 0 ORIGINATED BY: Mickie Tagle, Senior Executive Assistant REVIEWED BY: Deborah Cullen, Director of Finance APPROVED BY: Doug Willmore, City Manage%v BACKGROUND AND DISCUSSION: The mission of the SBCCOG is to explore areas of inter - governmental cooperation and coordination of government programs and provide recommendations and solutions to problems of common and general concerns to its Members. The City of El Segundo is one of seventeen SBCCOG agencies. At the August 25 SBCCOG Board meeting, changes to the JPA agreement and the By -laws were approved. Changes to the JPA and the Bylaws are already in effect. The JPA agreement needs to 12 105 be approved by at least 2/3 of the member agencies. The Bylaws changes are effective immediately and are attached for your information. The following is a summary of the proposed JPA and Bylaw changes: JPA Agreement Section 1: Recitals updated Section 7 a. Voting and Participation: Clarifies that the County is one member but has two votes -one for District 2 and 1 for District 4 which is consistent with the SBCCOG agreement with LA County when they became members of the SBCCOG. Section 7 b. Quorum: Re- wording to clarify that inactive or suspended members are not included in the quorum count. Section 7 e. Actions: Clarifies the sentence and makes no change to the meaning. Section 10: Allows changes to the Board meeting date and time by resolution instead of through a bylaws amendment. Sectionl1: Establishes that if an officer is from an agency that becomes inactive or is suspended, their position is declared vacant and an election must be called to replace them. Bylaws 'Member city' changed to 'member agency' throughout document to reflect the County's membership. Article III. B.2.: Allows changes to the Board meeting date and time by resolution instead of through a bylaws amendment. Article VII A.3: Allows the county designated alternates to serve on committees which were restricted to elected officials. Article VII 8.1: Allows county participation on Steering Committee and clarifies their two votes. Establishes that representatives from suspended or inactive agencies may attend but cannot officially serve or vote at the Steering Committee. The JPA will go into effect on the first of the month after two - thirds of the SBCCOG's members formally approve and sign the amended agreement. 106 South Bay Cities Council of Governments August 26, 2011 TO: SBCCOG Member Agencies FROM: Jacki Bacharach, SBCCOG Executive Director RE: Request for Action — Amendment to SBCCOG Joint Powers Authority Agreement At the August 25 SBCCOG Board meeting, changes to the JPA agreement and the Bylaws were approved. The Bylaws changes are effective immediately and are attached for your information. The JPA agreement — also attached - needs to be approved by at least 2/3 of the member agencies. A summary of the changes are as follows: In the JPA agreement: • Section I — Recitals updated • Section 7 a. Voting and Participation - Clarifies that the county is one member but has two votes — 1 for District 2 & I for District 4 which is consistent with the SBCCOG agreement with LA County when they became members of the SBCCOG. b. Quorum — Re- wording to clarify that inactive or suspended members are not included in the quorum count. e. Actions — Clarifies the sentence and makes no change to the meaning. • Section 10 — Allows charges to the Board meeting date and time by resolution instead of through a bylaws amendment • Section 11 — Establishes that if an officer is from an agency that becomes inactive or is suspended, their position is declared vacant and an election must be called to replace them. In the Bylaws: • Changes throughout to change `member city' to `member agency' to reflect the county's membership • Article III. B.2. - Allows changes to the Board meeting date and time by resolution instead of through a bylaws amendment • Article VII A.3. — Allows the county's designated alternates to serve on committees which were restricted to elected officials B.1. — Allows county participation on Steering Committee and clarifies their two votes. Establishes that representatives from suspended or inactive agencies may attend but cannot officially serve or vote at the Steering Committee REQUESTED ACTION Please take the enclosed JPA document to your council for their approval and once approved, send SBCCOG a copy @ 5033 Rockvalley Road, Rancho Palos Verdes, Ca. 90275. Also, if you have any questions or would like a SBCCOG representative at your council meeting when this item comes up for consideration, please contact Jacki Bacharach, SBCCOG 107 Executive Director at 310- 377 -8987 or iacki a,southbaycities.org FOURTH AMENDED AND RESTATED JOINT POWERS AGREEMENT "SOUTH BAY CITIES COUNCIL OF GOVERNMENTS" (A JOINT POWERS AUTHORITY) This Fourth Amended and Restated Joint Powers Agreement which is dated for identification purposes August 25, 2011, is made and entered into by and between the public entities (collectively, "Members ") whose names are set forth on Exhibit A, pursuant to Section 6500 et seq. of the Government Code and other applicable law: WITNESSETH: The parties hereto do agree as follows: Section 1. Recitals. This Fourth Amended and Restated Agreement is made and entered into with respect to the following facts. a. The South Bay Cities Council of Governments was formed effective as of April 1, 1995. A Notice of Joint Powers Agreement was filed with the California Secretary of State as of June 22, 1995, and assigned file number 1450. The objective of the organization is to explore areas of inter - governmental cooperation and coordination of government programs and provide recommendations and solutions to problems of common and general concern to its Members. b. This joint powers agreement has been amended three times to make various changes to the rules governing the operation of the organization. c. The Members now desire to further amend the joint powers agreement to effectuate additional changes to the rules governing the operation of the organization. Section 2. Creation of Separate Legal Entity. A separate legal entity is created within the meaning of Section 6503.5 of the California Government Code; this entity shall exercise its powers in accordance with the provisions of this Fourth Amended and Restated Agreement and applicable law. Section 3. Name. The name of this separate legal entity shall be the South Bay Cities Council of Governments ( "Council "). Section 4. Purpose and Powers of the Council. n: \jpa \8. 11 jpa - 4th amendment adopted.docx 1 05/28/98 108 a. Purpose of Council. The purpose of the Council is to provide a vehicle for the Members to engage voluntarily in regional and cooperative planning and coordination of government services and responsibilities, to assist the Members in the conduct of their affairs. It is the express intent of the members that the Council shall not possess the authority to compel any Member to conduct any activity or to implement any plan or strategy that the Member does not wish to undertake (except for the payment of dues). The goal and intent of the Council is one of voluntary cooperation among cities in the South Bay for the collective benefit of all. b. Common Powers. The Council shall have, and may exercise, the following powers: (1) Serve as an advocate in representing the Members of the South Bay Cities at the regional, state and federal levels on issues of -importance to the South Bay Cities; (2) Serve as a forum for the review, consideration, study, development and recommendation of public policies and plans with subregional or regional significance; (3) Assemble information helpful in the consideration of problems peculiar to the Members; (4) Employ Member resources or presently- existing, single - purpose public /private groups to carry out its programs and projects; (5) Explore practical avenues for voluntary intergovernmental cooperation, coordination and action in the interest of local public welfare and improving the administration of governmental services; (6) Assist in coordinating subregional planning efforts and in resolving conflicts among the cities in the South Bay as they work toward achieving planning goals; (7) Build a consensus among the Members on the implementation of policies and programs for addressing subregional and regional issues; (8) Serve as a mechanism for obtaining regional, state, and federal grants to assist in financing the expenditures of the Council; n: \jpa \8. 11 jpa - 4th amendment adopted.docx 2 05/28/98 109 (9) Make and enter into contracts, including contracts for the services of engineers, consultants, planners, attorneys and single purpose public /private groups; (10) Employ agents, officers and employees; (11) Apply for, receive and administer a grant or grants under any regional, state, or federal program; (12) Receive gifts, contributions and donations of property, funds, services and other forms of financial assistance from persons, firms, corporations and any governmental entity; (13) Lease, manage, maintain, and operate any buildings, works, or improvements; and (14) Delegate some or all of its powers to the Executive Director as provided below. C. Exercise of Powers. The Council shall, in addition, have all implied powers necessary to perform its functions. It shall exercise its powers only in a manner consistent with the provisions of applicable law, this Second Amended and Restated Agreement and the Bylaws. For the purposes of determining the restrictions to be imposed on the Council in its manner of exercising its powers pursuant to Government Code Section 6509, reference shall be made to, and the Council shall observe, the restrictions imposed upon the City of Lomita. Section 5. Creation of Governing Board and General Assembly. a. Creation of Governing Board. A Governing Board for the Council ( "Governing Board ") is created to conduct the affairs of the Council. The Governing Board shall be constituted as follows: (1) Designation of Governing Board Representatives. The city council or the Mayor (if the Mayor is so authorized by the Member's charter, ordinances or rules) of each of the city Members shall in writing designate one person as the Member's representative on the Governing Board ( "Governing Board Representative "). The Board of Supervisors of the County of Los Angeles shall designate the members of the Board from the 2nd and 4th Supervisorial Districts as its representatives on the Governing Board. n: \jpa \8. 11 jpa - 4th amendment adopted.docx 3 05/28/98 110 (2) Designation of Alternate Governing Board Representatives. The city council or the Mayor (if the Mayor is so authorized by the Member's charter, ordinances or rules) of each of the city Members shall designate one or more persons to serve as the Member's alternate representative on the Governing Board ( "Alternate Governing Board Representative "). The Supervisors from the 2nd and 4`h Supervisorial Districts shall each designate their chief of staff or a senior staff person from their office as the County's Alternate Governing Board Representatives. (3) Eligibility. No person shall be eligible to serve as a Governing Board Representative or Alternate Governing Board Representative unless that person is, at all times during the tenure of that person as a Governing Board Representative or Alternate Governing Board Representative, a member of the legislative body of one of the appointing Members, except for the County of Los Angeles Alternate Governing Board Representatives. Should any person serving on the Governing Board fail to maintain the status required by this Section 5, that person's position on the Governing Board shall be deemed vacated as of the date such person ceases to qualify pursuant to the provisions of this Section 5, and the Member shall be entitled to appoint a qualified replacement. b. Creation of General Assembly. A General Assembly for the Council ( "General Assembly ") is created to discuss issues and make recommendations to the Governing Board. All elected officials of the legislative bodies of all Members shall be members of the General Assembly. The Chair of the Governing Board shall be the Chair of the General Assembly. A General Assembly may be called by the Chair of the Governing Board or by a majority of the Governing Board representatives. Section 6. Use of Public Funds and Property. The Council shall be empowered to utilize for its purposes, public and /or private funds, property and other resources received from the Members and/or from other sources. Where applicable, the governing Board of the Council may permit one or more of the Members to provide in -kind services, including the use of property, in lieu of devoting cash to the funding of the Council's activities. Section 7. Functioning of Governing Board. a. Voting and Participation. Through its Governing Board Representative, each Member may cast only one vote for each issue before the Governing Board except for the County of Los Angeles, which shall have two votes — n: \jpa \8. 11 jpa - 4th amendment adopted.docx 4 05/28/98 111 one for District 2 and one for District 4. An Alternate Governing Board Representative may vote in the proceedings of the Governing Board only in the absence of that Member's Governing Board Representative. A Governing Board Representative or Alternate Governing Board Representative seated on the Governing Board shall be entitled to participate and vote on matters pending before the Governing Board only if such person is physically present at the meeting of the Governing Board and if the Member which that Governing Board Representative or Alternate Governing Board Representative represents is not on inactive status (as defined in Section 21.b of this Fourth Amended and Restated Agreement). b. Proxy Voting. No absentee ballot or proxy shall be permitted. C. Quoru m. A quorum of the Governing Board shall consist of not less than fifty percent (50%) plus one (1) of its total membership excluding inactive and suspended members.. d. Committees. As needed, the Governing Board may create permanent or ad hoc advisory committees to give advice to the Governing Board on such matters as may be referred to such committees by the Governing Board. All committees shall have a stated purpose before they are formed. Standing committees shall remain in existence until they are dissolved by the Governing Board. Ad hoc committees shall be dissolved upon completion of their designated functions. Committees, unless otherwise provided by law, this Fourth Amended and Restated Agreement, the Bylaws or by direction of the Governing Board, may be composed of representatives to the Governing Board and nonrepresentatives to the Governing Board. e. Actions. Actions taken by the Governing Board shall be by not less than fifty percent (50%) plus one (1) of the voting representatives of the Governing Board who are present provided that a quorum has been established, unless by a provision of applicable law, this Fourth Amended and Restated Agreement, the Bylaws or by direction of the Governing Board, a higher number of votes is required to carry a particular motion. Section 8. Duties of the Governing Board. The Governing Board shall be deemed, for all purposes, the policy making body of the Council. All of the powers of the Council, except as may be expressly delegated to others pursuant to the provisions of applicable law, this Fourth Amended and Restated Agreement, the Bylaws or by direction of the Governing Board, shall be exercised by and through the Governing Board. n: \jpa \8. 11 jpa - 4th amendment adopted.doex 5 05/28/98 112 Section 9. Roberts Rules of Order. The substance of Roberts Rules of Order shall apply to proceedings of the Governing Board, except as may otherwise be provided by provisions of applicable law, this Fourth Amended and Restated Agreement, the Bylaws or by direction of the Governing Board. Section 10. Meetings of Governing Board. The Governing Board shall by resolution establish the dates and times of regular meetings of the Governing Board. The location of each such meeting shall be as directed by the Governing Board. Section 11. Election of Chair and Vice - Chairs. The Chair of the Governing Board shall conduct all meetings of the Governing Board and perform such other duties and functions as required of such person by provisions of applicable law, this Fourth Amended and Restated Agreement, the Bylaws or by direction of the Governing Board. The 1" Vice -Chair shall serve as Chair in the absence of the Chair and shall perform such duties as may be required by provisions of applicable law, this FourthAmended and Restated Agreement, the Bylaws, or by the direction of the Governing Board or the Chair. The 2nd Vice -Chair shall serve as Chair in the absence of the Chair and the 1" Vice -Chair and shall perform such duties as may be required by provisions of applicable law, this Fourth Amended and Restated Agreement, the Bylaws, or by the direction of the Governing Board or the Chair. In addition, the 2nd Vice -Chair shall supervise the Treasurer in the performance of the duties assigned to him or her by Section 14 of the Fourth Amended and Restated Agreement. A Governing Board Representative shall be elected annually to the position of Chair of the Governing Board, a second Governing Board Representative shall be elected to the position of Pt Vice -Chair of the Governing Board and a third Governing Board Representative shall be elected to the position of 2nd Vice -Chair of the Governing Board, at the first regular meeting of the Governing Board held in June of each calendar year. The terms of office of the Chair, 1St Vice -Chair and 2nd Vice -Chair shall commence on July 1 and expire of the succeeding June 30. If there is a vacancy, for any reason, in the position of Chair, Pt Vice -Chair or 2nd Vice - Chair, the Governing Board shall forthwith conduct an election and fill such vacancy for the unexpired term of such prior incumbent. A vacancy shall be declared in the event the Member represented by Chair, 1st Vice -Chair or 2nd Vice -Chair is suspended or becomes inactive as provided in Section 21. n: \jpa \8. 11 jpa - 4th amendment adopted.doex 6 05/28/98 113 Section 12. Executive Director. The Governing Board may appoint by a vote of fifty percent (50 %) plus one (1) of the total voting membership a qualified person to be Executive Director, on any basis it desires including, but not limited to, a contract or employee basis. The Executive Director shall be neither a Governing Board Representative, nor an Alternate Governing Board Representative, nor an elected official of any Eligible Public Entity (as defined in Section 21(c) of this Fourth Amended and Restated Agreement). The Executive Director shall be the chief administrative officer of the Council. The Executive Director shall receive such compensation as may be fixed by the Governing Board. The Executive Director shall serve at the pleasure of the Governing Board and may be relieved from such position at any time, without cause, by a vote of fifty percent (50 %) plus one (1) of the total voting membership of the Governing Board taken at a regular, adjourned regular or special meeting of the Governing Board. The Executive Director shall perform such duties as may be imposed upon that person by the provisions of applicable law, this Fourth Amended and Restated Agreement, the Bylaws, or by the direction of the Governing Board. Section 13. Designation of Treasurer. The Governing Board shall, in accordance with applicable law, designate a qualified person to act as the Treasurer of the Council. The compensation, if any, of a person or persons holding the office of Treasurer shall be set by the Governing Board. Section 14. Duties of Treasurer. The person holding the position of Treasurer of the Council shall have charge of the depositing and custody of all funds held by the Council. The Treasurer shall perform such other duties as may be imposed by provisions of applicable law, including those duties described in Section 6505.5 of the Government Code, and such duties as may be required by the Governing Board. The Governing Board may engage a qualified person to assist the Treasurer in the performance of his or her duties.. Section 15. Designation of Other Officers and Employ. The Governing Board may appoint or employ such other officers or employees as it deems appropriate and necessary to conduct the affairs of the Council. Section 16. Obligations of Council. The debts, liabilities and obligations of the Council shall be the debts, liabilities or obligations of the Council alone. No Member of the Council shall be responsible, directly or indirectly, for any obligation, debt or liability of the Council, whatsoever. n: \jpa \8. 11 jpa - 4th amendment adopted.docx 7 05/28/98 114 Section 17. Control and Investment of Council Funds. The Governing Board shall adopt a policy for the control and investment of its funds and shall require strict compliance with such policy. The policy shall comply, in all respects, with all provisions of applicable law. Section 18. Implementation Agreements. When authorized by the Governing Board, affected Members may execute an Implementation Agreement for the purpose of authorizing the Council to implement, manage and administer area -wide and regional programs in the interest of the local public welfare. The costs incurred by the Council in implementing a program, including indirect costs, shall be assessed only to those Members who are parties to that Implementation Agreement. Section 19. Term. The Council created pursuant to this Fourth Amended and Restated Agreement shall continue in existence until such time as this Fourth Amended and Restated Agreement is terminated. This Fourth Amended and Restated Agreement may not be terminated except by an affirmative vote of not less than fifty percent (50 %) plus one (1) of the then total voting membership of the Governing Board. Section 20. Application of Laws to Council Functions. The Council shall comply with all applicable laws in the conduct of its affairs, including, but not limited to, the Ralph M. Brown Act. (Section 54950 et seq., of the Government Code.) Section 21. Members. a. Withdrawal. A member may withdraw from the Council by filing its written notice of withdrawal with the Chair of the Governing Board 60 days before the actual withdrawal. Such a withdrawal shall be effective at 12:00 o'clock a.m. on the last day of that 60 -day period. The withdrawal of a Member shall not in any way discharge, impair or modify the voluntarily - assumed obligations of the withdrawn Member in existence as of the effective date of its withdrawal. Withdrawal of a Member shall not affect the remaining Members. A withdrawn Member shall not be entitled to the return of any funds or other assets belonging to the Council, until the effective date of termination of this Fourth Amended and Restated Agreement, except that a withdrawn Member shall be entitled to the balance of the annual dues paid for the year by that Member which were intended for the remaining part of that year. Withdrawal from any Implementation Agreement shall not be deemed withdrawal from the Council. n: \jpa \8. 11 jpa - 4th amendment adopted.docx 8 05/28/98 115 b. Suspension/Inactive Status. A Member will be placed on Suspension or Inactive Status if the following events occur: (1) Non - Payment of Dues. If a Member fails to pay dues within three months of the annual dues assessment as required under Section 23 of this Fourth Amended and Restated Agreement and the Bylaws, and after a 30 -day written notice is provided to that Member, the Member shall be deemed to be suspended from this Fourth Amended and Restated Agreement and the Council. When a Member is suspended, no representative of that Member shall participate or vote on the Governing Board. Such a Member shall be readmitted only upon the payment of all dues then owed by the Member, including dues incurred prior to the suspension and during the suspension. (2) Failure to Attend Meetings. If a Member is not represented by its Governing Board Representative or Alternate Governing Board Representative for three consecutive regular meetings of the Governing Board, that Member will be placed on Inactive Status until such time as its Governing Board Representative or Alternate Governing Board Representative next attends a regular meeting of the Governing Board. C. Admitting Eligible Public Entities. Eligible public entities whose names are set forth on Exhibit C to this Fourth Amended and Restated Agreement ( "Eligible Public Entities ") shall be admitted to the Council by 1) adopting this Fourth Amended and Restated Agreement by a majority vote of the legislative body of the Eligible Public Entity and 2) properly signing this Fourth Amended and Restated Agreement. An Eligible Public Entity may be admitted regardless of whether it adopted and signed this Fourth Amended and Restated Agreement before or after the Effective Date (as defined in Section 28 of this Fourth Amended and Restated Agreement). No vote of the Governing Board shall be required to admit an Eligible Public Entity. d. Admitting Additional Members. Additional Members who are not Eligible Public Entities may be admitted to the Council upon an affirmative vote of not less than fifty percent (50%) plus one (1) of the total voting membership of the Governing Board provided that such a proposed new Member is a city whose jurisdiction, or part thereof, lies immediately adjacent to one or more of the Eligible Public Entities. Admission shall be subject to such terms and conditions as the Governing Board may deem appropriate. n: \jpa \8. 11 jpa - 4th amendment adopted.docx 9 05/28/98 116 Section 22. Non - Interference with Function of Members. The Governing Board shall not take any action that constitutes an interference with the exercise of lawful powers by a Member of the Council. Section 23. Limitation of Liability. All agreements entered into by the Council shall contain a limitation of liability provision, providing that, except as voluntarily assumed by a particular Member, Members shall not be liable to employees, contractors and other third parties. Section 24. Dues of members. The Members of the Council shall be responsible for the payment to the Council, annually, of dues in the amounts periodically budgeted by the Governing Board, as and for the operating costs of the Council ( "Dues "), as provided in the Bylaws. Section 25. Disposition of Assets. Upon termination of this Fourth Amended and Restated Agreement, after the payment of all obligations of the Council, any assets remaining shall be distributed to the Members in proportion to the then obligation of those Members' obligation to participate in the funding of the Council. Section 26. Amendment. This Fourth Amended and Restated Agreement may be amended at any time with the consent of two - thirds (2/3) of all of the legislative bodies of the Members. Section 27. Incorporation by Reference. Each Exhibit to this Fourth Amended and Restated Agreement is incorporated into the agreement by this reference, as though it were fully set forth in the body of the agreement. Section 28. Effective Date. The effective date ( "Effective Date ") of this Fourth Amended and Restated Agreement shall be the first day of the first month following the date on which two - thirds (2/3) of the legislative bodies of the Members adopt and sign this Fourth Amended and Restated Agreement. That the Members of this Fourth Amended and Restated Agreement have caused this agreement to be executed on their behalf, respectively, as follows: n: \jpa \8. 11 jpa - 4th amendment adopted.doex 10 05/28/98 117 The City of Carson hereby approves the Joint Powers Agreement adopted by the South Bay Cities Council of Governments at the August 25, 2011 Board Meeting. Mayor; City of Carson Date: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney n :ljpal8. 1.1 jpa - 4th amendment adopted.docx 11 05128198 118 The City of Gardena hereby approves the Joint Powers Agreement adopted by the South Bay Cities Council of Governments at the August 25, 2011 Board Meeting. Mayor, City of Gardena Date: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney n :ljpa48. i 1 jpa - 4th amendment adopted.docx E2 05/28/98 119 The City of El Segundo hereby approves the Joint Powers Agreement adopted by the South Bay Cities Council of Governments at the August 25, 2011 Board Meeting. Mayor, City of El Segundo Date: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney n.\jpal8. 11 jpa - Atli amendment adopted.docx 13 05/28/98 120 The City of Hawthorne hereby approves the Joint Powers Agreement adopted by the South Bay Cities Council of Governments at the August 25, 2011 Board Meeting. Mayor, City of Hawthorne Date: ATTEST: City c1ci-k- APPROVED AS TO FORM: City Attorney n;ljpal8. I I jpa - 4th amendment adopted.docx 14 05/28/98 121 The City of Hermosa Beach hereby approves the Joint Powers Agreement adopted by the South Bay Cities Council of Governments at the August 25, 2011 Board Meeting. Mayor, City of Hermosa Beach Date: ATTEST: City Clerk~ APPROVED AS TO FORM:. City Attorney nAipaN& I I jpa - 4th amendment adopted.doex 15 05/28/98 122 The City of Inglewood hereby approves the Joint Powers Agreement adopted by the South Bay Cities Council of Governments at the August 25, 2011 Board Meeting. Mayor, City of Inglewood Date: ATTEST: City Clerk . : e � a L a• .. DORM City Attorney n.ljpai8. 1 I jpa - 4th amEnd men I zdopted.docx 16 05/28/98 123 The City of Lawndale hereby approves the Joint Powers Agreement adopted by the South Bay Cities Council of Governments at the August 25, 2011 Board Meeting. Mayor, City of Lawndale Date: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney nAjpal$. 11 jpa - 41h amendinem adopted.doex 17 05/28/98 124 The City of Lomita hereby approves the Joint Powers Agreement adopted by the South Bay Cities Council of Governments at the August 25, 2011 Board Meeting. Mayer, City of Lomita Date: ATTEST :. City Clerk APPROVED AS TO FORM: City Attorney n :ljpal8. f 1 jpa - 4th amendment adopted.docx 18 05/2$!98 125 The City of Los Angeles hereby approves the Joint Powers Agreement adopted by the South Bay Cities Council of Governments at the August 25, 2011 Board Meeting. Mayor, City of Less Angeles Bate: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney n:lj,pa18. 1 I jpa - 4th amendment adopted.doex 19 05126198 126 The City of Manhattan Beach hereby approves the Joint Powers Agreement adopted by the South Bay Cities Council of Governments at the August 25, 2011 Board Meeting. Mayor, City of Manhattan Beach Date: ATTEST: City Clerk APPROVED AS TO FORM. City Attorney W: jpa\& l l ,spa - 4th amendment adopted,docx 20 05/28/98 127 The City of Palos Verdes Estates hereby approves the Joint Powers Agreement adopted by the South Bay Cities Council of Governments at the August 25, 2011 Board Meeting. Mayor, City of Palos Verdes Estates Date: City Clerk APPROVED AS TO FORM: City Attorney n:ljpa\8. I I jpa - 4th amendment adopted.docx 21 05128/98 128 The City of Rolling dills hereby approves the Joint Powers Agreement adapted by the South Bay Cities Council of Governments at the August 25, 2011 . Board Meeting. Mayor, City of Rolling Hills Date; ATTEST:. City Clerk APPROVED AS TO FORM:. City Attorney n.\jpa\8. l I jpa - 4th amendment adopted,doex 22 05/28/98 129 The City of Rolling Hills Estates hereby approves the Joint Powers Agreement adopted by the South Bay Cities Council of Governments at the August 25, 2011 Board Meeting. Mayor, City of Rolling Hills Estates Date: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney n:ljpa48. l .l ,jpa - 4th amendment adopled.dou 23 05/28/98 130 The City of Rancho Palos Verdes hereby approves the Joint Powers Agreement adopted by the South Bay Cities Council of Governments at the August 25, 2011 Board Meeting. Mayor, City of Rancho Palos Verdes Date: Mlii City Clerk APPROVED AS TO FORM: City Attorney nAjpal8. l 1 jpa - 4[h amendment adopted.deex 24 05/28/98 131 The City of Redondo Beach hereby approves the Joint Powers Agreement adopted by the South Bay Cities Council of Governments at the August 25, 2011 Board. Meeting. Mayor, City of Redondo Beach Date: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney nAjpa\8. t 1 jpa - 41h amendment adopted.doex 25 05/28/98 132 The City of Torrance hereby approves the Joint Powers .Agreement adopted by the South Bay Cities Council of Governments at the August 25, 2011 Board Meeting. Mayor, City of Torrance Date: 1 1 City Clerk APPROVED AS TO FORM: City Attorney n:ljpa\g. t l jpa - 4th amendment adopted.doex 26 05128/98 133 The County of Los Angeles hereby approves the Joint Powers Agreement adopted by the South Bay Cities Council of Governments at the August 25, 2011 Board Meeting. Chair, Los Angeles County Board of Supervisors Date: ATTEST: Clerk of the Board APPROVED AS TO FORM: County Counsel n:ljp,-tlg. I I jpa - 4th amendment adopted.docx 27 05/28198 134 EXHIBIT A [List of Member Agencies] Carson County of Los Angeles El Segundo Gardena Hawthorne Hermosa Beach Inglewood Lawndale Lomita Los Angeles (15th Council District Representative) Manhattan Beach Palos Verdes Estates Rancho Palos Verdes Redondo Beach Rolling Hills Rolling Hills Estates Torrance n:1jpa18. I 1 jpa - 4th amendment adopled.doex 28 05/28/98 135 ON 1,U1.3 �I ii t3 [List of Member Agencies in South Bay Corridor JPA) Carson City of Los Angeles El Segundo Manhattan Beach Gardena Hawthorne Hermosa Beach Inglewood Lawndate Lomita Palos Verdes Estates Rancho Palos Verdes Redondo Beach Rolling Hills Rolling Hills Estates Torrance n:lipal8. I I jpa - 41h amendment adopted.dorx 29 05/28/98 136 EXHIBIT C [List of Eligible Public Entities] Carson El Segundo Gardena Hawthorne Hermosa. Beach Inglewood Law ndale Lomita Los Angeles (15th Council District Representative) Manhattan Beach Palos Verdes Estates Rancho Palos Verdes Redonda Beach Rolling Hills Rolling Hills Estates Torrance County of Los Angeles n:ljpal8. I I jpa - 4th amewlment adopted,docx :34 05/28/98 137 BYLAWS SOUTH BAY CITIES COUNCIL OF GOVERNMENTS Preamble The South Bay Cities Council of Governments (the "Council ") is an agency voluntarily established by its Members pursuant to a Joint Powers Agreement ( "Agreement ") for the purpose of providing a vehicle for the Members to engage in regional and cooperative planning and coordination of government services and responsibilities to assist the Members in the conduct of their affairs. In addition, the Council will provide a regional organization for the review of federal state, and /or regional projects and studies that involve the use of federal state and /or regional funds, in various forms. It is the express intent of its Members that the Council shall not possess the authority to compel any of its Members to conduct any activities or implement any plans or strategies that they do not wish to undertake (except for the payment of dues) . The goal and intent of the Council is one of voluntary cooperation among cities for the collective benefit of cities in the South Bay. Article I - Definitions The terms "Agreement," "Alternate Governing Board Representative," "Council," "Governing Board," and "Governing Board Representative," as used in these Bylaws are defined in the Agreement and those definitions are incorporated by reference. The term "elected official" as used in these bylaws means the mayor and the city councilmembers of the members. Article II - Membership and Representation A. Membership. Members shall withdraw from or be admitted to the Council in accordance with Section 21 of the Agreement. B. Representation. I, The Governing Board Representative and alternate Governing Board Representatives for a member shall be designated in writing by that member's legislative body or its mayor if the mayor is so authorized by the member's charter, ordinances or rules. 2. Names of Governing Board Representatives and Alternate Governing Board Representatives shall be communicated in writing to the Governing Board by the appointing Member. 3. Governing Board Representatives and Alternate Governing Board Representatives shall serve until a- successor is appointed, so long as they otherwise remain eligible. 4. Only representatives from member cities that are not suspended or on inactive status are eligible to participate and qualified to vote on the governing board and its committees. Article III - Governing Board A. Powers and Duties. The powers and duties of the Governing Board, subject to the limitations of applicable law, the Agreement and these Bylaws, shall include: All of the powers of the Council provided in Section 4 of the Agreement except as may be expressly delegated to others pursuant to the provisions of the Agreement these Bylaws or the direction of the Governing Board shall be exercised by and through the Governing Board. 981007 99912 -01052 1Sj 0566131.2 0 -8- 138 2. Making policy decisions and determining policy matters for the Council. 3. Conducting the affairs of the Council, 4. Appointing, fixing the compensation of and removing an Executive Director and other staff of the Council. 5. Annually reviewing the proposed Council budget and assessment schedule and adopting an annual budget and an assessment schedule. 6. Appointing standing committees and, if necessary, ad hoc committees to study specific problems, programs, or other matters the Council has approved for study. 7. Acting upon policy recommendations, including policy recommendations from committees. B. Meetings Regular meetings of the Governing Board shall be held monthly. Special meetings of the Governing Board may be called by the chair. All meetings shall be called and conducted, and an agenda posted, in accordance with the Ralph M. Brown Act (Government Code Sections 54950 et seq.), as it now exists or may hereafter be amended. The official agenda for each meeting shall be posted by the city clerk of the city in whose jurisdiction the meeting is scheduled to take place. City clerks of other member cities will be provided a copy of the agenda and are encouraged to post the agenda at their official posting location so as to assure widespread notice of the meetings. 2. The time and date of regular meetings of the Governing Board shall be established by resolution of the Board. The location of each meeting shall be determined the preceding month or by standing order of the Governing Board. 3. Council committees shall meet on the call of their chair or as otherwise provided herein and in compliance with applicable law. C. Voting. Voting on the Governing Board shall be conducted as prescribed in the Agreement. Voting may be either by voice or roll call vote. A roll call vote shall be conducted upon the demand of five participating Representatives, or at the discretion of the Chair. Article IV - Executive Director If an Executive Director is appointed by the Governing Board, the powers and duties of the Executive Director shall be: A. Subject to the authority of and as directed by the Governing Board, to administer the affairs of the Council. B. Subject to the authority of and as directed by the Governing Board, to appoint direct and remove all employees of the Council and to retain consultants. C. Annually to prepare and present a proposed budget to the Governing Board and to control the approved budget. D. To serve as the Secretary of the Council. E. To attend the meetings of the Governing Board. 981007 99912 -01052 1Sj 0566131.2 0 -8- 139 F. To perform such other and additional duties as the Governing Board, these Bylaws, the Agreement or applicable law may require. G. To serve as Custodian of Records of the Council. In the event no Executive Director is appointed by the Governing Board, the Chair shall perform the duties set forth in subparagraphs A, B, C, and F, above, and shall appoint a Secretary of the Council. Article V - Other Officers and Employees A. Secretary. The Executive Director shall be the Secretary of the Council and shall have no vote on the Governing Board. In the event no Executive Director is appointed by the Governing Board, the Chair shall appoint as Secretary such other person as it deems fit. The Secretary shall keep a record of all proceedings and perform the usual duties of such office. B. Treasurer Pursuant to Section 13 of the Agreement, the Governing Board shall designate a Treasurer of the Council. The Treasurer shall possess the powers to and shall perform those functions required by Government Code sections 6505 and 6505.5 and all other applicable laws and regulations, including any subsequent amendments thereto, the Agreement, these Bylaws or by the direction of the Governing Board. The Treasurer shall have custody of the funds and shall provide for strict accountability thereof in accordance with Government Code Section 6505.5 and other applicable laws. Pursuant to Government Code Section 6505.6, the Governing Board may appoint a qualified person to assist the Treasurer in the performance of its duties. The Treasurer shall annually cause an independent audit to be made by a certified public accountant or public accountant in accordance with Government Code sections 6505 and 6505.6. C. Additional Officers and Employees. The Governing Board shall have the power to authorize such additional officers and employees as may be appropriate. Such officers and employees may also be, but are not required to be, officers and employees of the individual Members. None of the officers, agents, or employees appointed by the Governing Board shall be deemed, by reason of their employment by the Governing Board, to be employed by any of the Members or, by reason of their employment by the Governing Board, to be subject to any of the requirements of such Members. D. Bonding requirement. The governing board shall designate the officers or persons having charge of, handling, or having access to any property of the council who shall be required to file an official bond with the governing board. The amount of any such bond shall be established by the governing board. Should the existing bond or bonds of any such officer be extended to cover the obligations provided herein, said bond shall be the official bond required herein. The premiums on any such bonds attributable to the coverage required herein shall be appropriate expenses of the council. E. Status of Members' Officers and Employees. As provided in Government Code Section 6513, all of the privileges and immunities from liability and other benefits that apply to the activity of officers, agents, or employees of any of the Members when performing their respective functions within the territorial limits of their respective public agencies shall apply to them while engaged in the performance of any of their fractions and duties extraterritorially under this Agreement. Article VI — City Managers Advisory Body The governing board shall receive and consider recommendations made from time to time by the South Bay City Managers' Association. Article VII - Standing and Ad Hoc Committees 981007 99912 -01052 1Si 0566131.2 0 -8- 140 A. Formation of Committees. The Governing Board may establish Standing and Ad Hoc Committees. The Standing and Ad Hoc Committees shall be for the purpose of developing recommendations to the Governing Board. All Standing and Ad Hoc Committees shall have a written statement of purpose, and the Ad Hoc Committees shall in addition have a written statement of charges, before they are formed. 2. Ad hoc Committees shall have a term not to exceed one year in duration. 3. The Chair shall recommend, and the Governing Board shall appoint by a vote of fifty percent (50 %) plus one (1), the members to the standing and ad hoc committees. Members to the standing and ad hoc committees shall be appointed for one year terms, or until the committee is dissolved, whichever occurs first. In making recommendations for members to the standing and ad hoc committees, the Chair shall consider regional representation. Any elected official from a member agency and the alternates from the County are eligible for appointment to a standing or ad hoe committee. 4. A quorum of a standing or ad hoc committee shall be four elected officials, unless otherwise provided by the Governing Board. 5. Actions may be taken by standing and ad hoc committees by a majority of those members present and qualified to vote. 6. All standing or ad hoc committees shall be chaired by an elected official from a member agency. 7. The meetings of standing committees shall be held in accordance with the Ralph M. Brown Act (California Government Code sections 54950 et sec .) B. Steering Committee. A Steering Committee is hereby established as a Standing Committee of the Governing Board. 1. The Steering Committee shall be composed of the Chair, 1St Vice - Chair, 2nd Vice- Chair, the Immediate Past Chair of the governing board, the Chair of each standing committee or a designee appointed by the committee chair, and such employees /contractors of the council and staff members of member agencies as are designated by the governing board, provided that non - elected employees /contractors of the council and staff members of member cities or the county shall serve ex- officio and shall not have a vote. Any board member or alternate who attends a steering committee meeting shall be able to vote at the meeting which they attend as long as there is no more than one vote cast per member city or two votes from the county (one each from District 2 and 4). Representatives from suspended or inactive agencies as defined in Section 21 of the Agreement shall not serve on the Steering Committeeand if in attendance at a Steering Cotnmittee meeting shall not be entitled to vote. 2. The Steering Committee shall have the authority and duty to: a. Formulate the agendas for the meetings of the Governing Board; b. Oversee the day -to -day business of the Council, monitor the progress of ongoing contracts and provide direction to the staff of the Council; C. Approve payment of bills for receipt of goods and services within the approved annual budget; 981007 99912 -01052 1Sj 0566131.2 0 -8- 141 d. Make recommendations to the Governing Board regarding the work programl budget, positions to be taken on issues, contracts and all other matters within the jurisdiction of the Council; e. Evaluate Council staff; f. Monitor the function of all Council committees; and g. Receive regular reports from outside agencies. 3. A quorum of the Steering Committee shall be a minimum of four elected officials from those names in paragraph B 1. 4. Regular meetings of the Steering Committee shall be held monthly. Special meetings of the Steering Committee may be called by the chair. All meetings shall be called and conducted, and an agenda posted, in accordance with the Ralph M. Brown Act (Government Code Sections 54950 et seq.), as it now exists or may hereafter be amended. The official agenda for each meeting shall be posted by the city clerk of the city in whose jurisdiction the meeting is scheduled to take place. Article VIII — General Assembly A General Assembly may be called by the Chair of the Governing Board at any time to discuss issues and make recommendations to the Governing Board. All elected officials of the legislative bodies of all Members shall be members of the General Assembly. The General Assembly is not required to meet. The Chair of the Governing Board shall be the chair of the General Assembly. Article IX - Budgets, Dues and Disbursements A. Annual Budget. The Governing Board shall adopt a Budget annually prior to July 1 of each calendar year. A vote of two- thirds (2/3) of the total voting membership of the Governing Board is required to adopt or amend a Budget. B. Budget Amendments. The Governing Board may at any time amend the budget to incorporate additional income and disbursements that might become available to the Council for its purposes during a fiscal year. C. Fiscal Year. The Council shall be operated on a fiscal year basis beginning on July 1 of each year and continuing through the succeeding June 30. D. Accounts. All funds shall be placed in appropriate accounts and the receipt transfer, or disbursement of such funds shall be accounted for in accordance with generally accepted accounting principles applicable to governmental entities and pursuant to Government Code Section 6505 and any other applicable laws. There shall be strict accountability of all funds. All revenues and expenditures shall be reported to the Governing Board. E. Expenditures Within Approved Annual Budget. The Steering Committee is authorized to make expenditures on behalf of the Council. All expenditures shall be made within the approved budget. No expenditure in excess of those budgeted shall be made without the approval of a majority of a quorum of the Governing Board. F. Audit. The records and accounts of the Council shall be audited annually by an independent certified public accountant or public accountant, in compliance with Government Code sections 6505.5 - 6505.6, and copies of such audit report shall be filed with the County of Los Angeles Auditor, the State Controller and each party to the Council no later than fifteen (15) days after receipt of said audit by the Governing Board. 981007 99912 -01052 1Sj 0566131.2 0 -8- 142 G. Dues, The Members of the Council shall be responsible for the payment to the Council annually, of dues and the amounts periodically budgeted by the Governing Beard, as and for the operating costs of the Council ( "Dues "). Sixty (60) days notice shall be provided to Members of the date of the meeting at which any increase in the Dues is to be determined for the following year. If an increase in dues is proposed from the previous year, an affirmative vote of two- thirds (213) of (lie total voting membership of the Governing Board is required to set the new dues. H. Reimbursement of Funds. Grant funds received by the Council from any federal state, or regional agency to pay for budgeted expenditures for which the Council has received all or a portion of said funds from the parties hereto shall be tiled as determined by the Governing Board. Article X - Amendments Amendments to these Bylaws may be proposed by a Governing Board. Representative. The Amendment shall be submitted to the Governing Board at a meeting at least one month prior to the meeting at which the Amendment is voted upon. A vote of two- thirds (213) of the total voting membership of the Governing Board is required to adopt an Amendment. 981087 99913 -01052 1sj 0566131.2 0 -8- 143 EL SEGUNDO CITY COUNCIL MEETING DATE: February 7, 2012 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to receive this report regarding the emergency repair of the hydraulic /electric swivel on the Fire Department Ladder Truck according to El Segundo Municipal Code 1 -7 -12. (Fiscal Impact: $ 14,437.00) RECOMMENDED COUNCIL ACTION: Receive and file this report regarding the emergency repair of the hydraulic /electric swivel on the Fire Department Ladder Truck. 2. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT: Included in Adopted Budget Amount Requested: $14,437.00 Additional Appropriation: No Account Number(s): 001- 102 - 0000 -0803 ORIGINATED BY: Ron Fajardo, General Services Manager REVIEWED BY: Stephanie Katsouleas, Public Works Director APPROVED BY: Doug Willmore, City Manage BACKGROUND AND DISCUSSION: The Public Works Department was notified by the Fire Department that a failure had occurred in the hydraulic /electric swivel of the ladder truck. The unit was then taken by staff to Emergency Vehicle Group in Anaheim for diagnosis and a repair estimate. After discussions with both the Fire Department and the City Manager, a decision was made to proceed with this repair in conformance with ESMC 1 -7 -12 as an emergency due to the potential impact to fire safety. The work is being sole - sourced to Emergency Vehicle Group because one vendor has gone out of business and another vendor has performed poorly on multiple occasions. The Equipment Maintenance Division has sufficient funding in the current budget to cover the emergency repair of this vehicle. 1 144 EL SEGUNDO CITY COUNCIL AGENDA STATEMENT AGENDA DESCRIPTION: MEETING DATE: February 7, 2012 AGENDA HEADING: New Business Consideration and possible action regarding the Fiscal Year 2010 -2011 Yearend Report and FY 2011 -2012 First Quarter Financial Review. (Fiscal Impact: none) RECOMMENDED COUNCIL ACTION: (1) Receive and file FY 2010 -2011 Yearend and FY 2011 -2012 First Quarter Financial Review. (2) Alternatively discuss and take other action related to this item ATTACHED SUPPORTING DOCUMENTS: Attachment A — Core Revenue Report — Fiscal Year Ended September 30, 2011 Attachment B — Core Revenue Report — Quarter Ended December 30, 2011 FISCAL IMPACT: Included in Adopted Budget Amount Budgeted: $0 Additional Appropriation: N/A Account Number(s): none ORIGINATED BY: Angelina Garcia, Fiscal Services Manager Steve Jones, Business Services Manager REVIEWED BY: Deborah Cullen, Director of Finance APPROVED BY: Doug Willmore, City Manage BACKGROUND AND DISCUSSION: Fiscal Year 2010 -2011 Yearend General Fund Year End Results The Fiscal Year 2011 -2012 General Fund operations resulted in Total Revenues of $53,411,534, Expenditures of $54,215,258, bringing the net deficit to $803,724. This is a decrease of $20,763 to the projected deficit of $824,487 that was reported at the September 6, 2011 Preliminary Budget Hearing. 145 FY 2010 - FY 2010 -2011 2011 Year -End Year -End $ Change in % Change Fund Operations Estimate Actual Estimate In Estimate S $ 52,124,169 53,411,534 1,287,365 2,47 °! tares 52,948,656 54,215,258 (1.266,602 ) - 2.39° $ 824,487 (803,724) 20,763 - 2.52°f 14 145 Table 1— FY 2010 -2011 Yearend Revenues — Fstimates v. Actual Revenue Source FY 2010- 2011 Year -End Estimate FY 2010- 2011 Year -End Actual $ Change in Estimate Change in Estimate Business License $ 9,750,000 9,758,842 8,842 0.09% Sales & Use Tax 8,250,000 8,885,248 635,248 7.70% Sales Tax in Lieu 2,497,919 2,497,919 0 0.00% Property Tax 6,138,800 6,125,247 - 13,553 -0.22% Transient Occupancy (TOT) 4,125,000 4,301,696 176,696 4.28% Charges for Services 4,060,900 4,085,067 24,167 0.60% Electric Utility Tax 3,450,000 3,476,991 26,991 0.78% Franchise Tax 2,496,000 2,498,616 2,616 0.10% Cogeneration Electric 1,080,000 1,083,197 3,197 0.30% License & Permits 1,186,600 1,178,030 -8,570 -0.72% Gas Utility Tax 700,000 827,878 127,878 18.27% Interest on Investments 850,000 782,575 - 67,425 -7.93% Other Revenues 4,252,950 4,624,228 371.278 8.73% Total General Fund Revenues Net of Transfers 48,838,169 50,125,534 1,287,365 122.19% Transfers In 3,286,000 3,286,000 0 0.00% Total General Fund Revenues $52,124,169 53,411,534 1,287,365 2.47% As noted in the table above, the major changes to estimates in revenues are as follows: - Sales & Use Tax — the last payment received in FY 2010 -2011 came in approximately $600,000 higher than expected. Traditionally, this payment includes adjustments for actual sales tax for the prior quarters. Examples of the types of adjustments include; prior period adjustments for under /over reporting by businesses, misallocation of taxes, and resolution of claims. Projections of these adjustments are not available from the State Board of Equalization and therefore extremely difficult to estimate. - Transient Occupancy Tax — This category came in $176,700 higher than expected, primarily due to an increase in summertime occupancy rates. - Gas Utilily ax — This category also came in higher than anticipated, primarily due to the local power plant's increase in usage in the last two months of the fiscal year. 146 Table 2 — FY 2010 -2011 Yearend Expenditures — Estiniates v. Actual Elected Officials Administrative Support Police Fire Communications Center Planning Building Safety Public Works Recreation and Parks Library Nondepartment Transfers to Other Funds Total General Fund Expeiiditures FY 2010- 2011 Year- end Estimate $823,410 4,342,520 14,778,446 13,530,122 1,311,914 2,074,468 5,057,230 4,547,623 1,965,923 4,216,000 301.000 FY 2010 -2011 Year -end Actual 813,158 4,166,325 15,366,350 13,668,184 1,322,210 2,154,008 4,975,833 4,702,854 1,922,198 4,792,019 332.119 $ Savings (increases) - 2010 -2011 Budget v. Year -end 10,252 176,195 (587,904) (138,062) (10,296) (79,540) 81,397 (155,231) 43,725 (576,019) (31,119) % Savings (increases) - 2010- 2011 Budget v. Year -end 1.26% 4.23% -3.83% -1.01% -0.78% -3.69% 1.64% -3.30% 2.27% - 12.02% -9.37% -2.34% Expenditures came in higher than estimated. Below is an analysis of the departments that came in higher than expected: - Nondepartment — The major expenditure impacts driving this category were for higher than expected retiree health benefits, cash outs for sick leave over accruals and vacation cash Outs. - Police Department — This department's total expenditures came in $370,000 higher, primarily due to higher than expected overtime costs due to an increase in vacancies of sworn personnel. - Recreation and Parks — This department also came in higher than anticipated, primarily due to an increase in utility costs in the last quarter of the year and an increase in part-time salaries in the last months of the fiscal year. 147 General Fund Reserves Table 3 — FY 2010 -2011 Yearend Reserves The following table illustrates the calculated reserve at September 30, 2011 and the excess reserve balances: l General Fund Yearend Reserve Beginning Fund Balance: $ 11,749,796 9/30/11 Deficit: (803,726) 9/30/11 Fund Balance: 10,946,070 Less: Required Reserves and Designations: (1,483,007) Unreserved, Undesignated: $ 9,463,063 (This is what the City refers to as our 'Reserve') Total Budgeted Expenditures 9/30/12: 51,673,900 Fund Balance Reserve Funded Level: 17% Required Reserve: 8,784,563 Excess Reserve: $ 678,500 At the August 31, 2011 Strategic Planning Session(SPS), Council approved changing the funded levels in the General Fund Reserves from 20% to 17% of Budgeted Expenditures. The excess reserves have been calculated in Table 3 above. As was discussed in the SPS, excess reserves will be used as follows: - Early Retirement Incentives — This incentive was offered to reduce staffing levels within the Fire Department and save approximately $1 million by reducing staffing level from 16 per shift running down to 14 per shift. Initially, staff had estimated that the incentive would cost the City $400,000 but based on the scheduled retirements the total cost is $191,000. This still achieves personnel reductions that meet the $1 million savings estimated in the FY 2011 -2012 adopted budget. - Capital Infrastructure Projects — The remaining balance of $487.500 to be designated for recommended Capital Infrastructure Projects. General Fund Core Revenues The City entered into agreements with 5 employee labor groups for future salary increases based on General Fund Core Revenues. In accordance with the agreements, if Core Revenues, as described below, increase by $1,500,000 or more in Fiscal Year 2011 -2012 compared to fiscal year 2010 -2011, employees covered by said agreements will be entitled to a cost -of- living increase. General Fund Core Revenues exclude the following General Fund Revenue sources: - Other Licenses and Permits - Charges for Services - Transfers in from Other Funds 148 The Core Revenue Report for Fiscal Year Ended September 30, 2011 (Attachment A) provides the baseline for calculating the Core Revenue Change. Staff has also included the Core Revenue Report for Quarter Ended December 31, 2011(Attachment B) to provide a comparison to Quarter Ended December 31, 2010. First Quarter Financial Review Fiscal Year 2011 -2012 Staff has reviewed all revenues and expenditures for the first quarter of Fiscal Year 2011 -2012, with an emphasis on the General Fund, to determine if all sources and uses are on target with the originally adopted budget. Staff analyzed the revenues for the first quarter compared to historical averages of the last 7 fiscal years and most revenue streams were tracking fairly close with historical averages with the exception of Gas and Electric Utility User Taxes, and Interest on Investments. General Fund Revenues General Fund revenues through the end of the first quarter are at 21% of total FY 2011 -2012 budget. The following is a list of major General Fund revenues, and the performance of each source through the first quarter: 149 Table 3 — FY 2011 -2012 Revenues — First Ouarter Revenue Source Prior Year QI FY2010- 2011 Current Year Ql FY 2011 -2012 Variance to Prior QTR Over/ (Under) % change to SPLY* Adopted Budget FY 2011 -2012 % Received Ql FY 2011- 2012 % Received Ql Historically Business License $ 554,544 876,289 321,745 58.02% 10,049,700 8.72% 6.82% Sales & Use Tax 1,724,513 2,348,674 624,161 36.19% 8,650,000 27.15% 27.42% Sales Tax in Lieu 0 0 0 0.00% 2,736,825 0.00% 0.00% Property Tax 2,205,739 2,151,333 - 54,406 -2.47% 6,162,475 34.91% 39.54% Transient Occupancy (TOT) 772,933 917,921 144,988 18.76% 4,207,500 21.82% 29.74% Charges for Services 924,874 1,512,289 587,415 63.51% 4,174,000 36.23% 24.69% Electric Utility Tax 1,010,594 895,673 - 114,921 - 11.37% 3,475,000 25.77% 35.09% Franchise Tax 80,000 97,508 17,508 21.89% 2,500,000 3.90% 2.92% Cogenerated Electric 226,752 249,224 22,472 9.91% 1,125,000 22.15% 29.56% License & Permits 322,698 658,259 335,561 103.99% 1,399,000 47.05% 27.15% Gas Utility Tax 127,558 60,140 - 67,418 - 52.85% 750,000 8.02% 26.02% Interest on Investments 160,353 114,180 - 46,173 - 28.79% 985,000 11.59% 32.48% Other Revenues 595,422 604.430 9,008 1.51% 3,859,400 15.66% 20.27% Total General Fund Revenues Net of Transfers 8,705,980 10,485,920 1,779,940 20.45% 50,073,900 20.94% 23.21% Transfers In 634,000 400,000 - 234,000 - 36.91% 1,600,000 25.00% 25.00% Total General Fund Revenues $ 9,339,980 10,885,920 1,545,940 16.55% 51,673,900 21.07% 23.34% * SPLY— Same period last year Business License Tax is the City's largest General Fund revenue source, accounting for 18.4% of total revenues. The majority of this revenue stream is collected in January and February, and based on the preliminary numbers through the end of January this category appears to be on target to meet the annual budget. Sales & Use Tax generates approximately $8.6 million annually and is the City's second largest revenue source. As of December 31, 2011, sales tax revenue had a total increase of $624,161 or 36.2% increase compared to the prior year's first quarter with 27.1% of budget received. The first quarter's sales tax receipts indicate the fourth quarter in a row of positive revenue growth. Los Angeles County increased 8.1% and Southern California as a whole was up 8.3% compared to the same quarter last year. Higher fuel prices and a prior period adjustment increased returns from the fuel & service stations category, and restaurants experienced strong sales this quarter. Property Tax is currently 2.5% or $54,406 under the same period last year. Although the City has experienced a reduction to the same period last year, it is still on target to meet the FY 2011- 2012 budget. 150 Transient Occupancy Tax (TOT) is currently 18.7% or $144,988 above the same period last year, with 21.8% of budget received. This revenue appears to be rebounding as the economy improves. At this time TOT seems to be on target to meet budget. Staff will continue to monitor and report any changes due to the economic conditions at mid -year. Charges for Services includes Zoning and Planning fees, Plan Check fees, Plan Retention fees, Energy Plan Check fees, and Planning Service fees and have a combined budget of $4,174,000. The City has received $1,512,289 or 36.2% of budget through the first quarter. This is a 63.5% or $587,415 increase over the same period last year. Increased activity in permits and plan reviews are positive indicators for increased permit revenue. Staff had factored in the increase in activity in the revenue estimate for FY 2011 -2012, and at this time staff is estimating this revenue group to end the year on target. Electric Utility Users Tax is 11.3% or $114,921 lower than the same period last year. Additionally, 25.7% of revenue has been received and it is projected that this revenue source will make budget through this fiscal year. Franchise Tax is currently 21.8% or $17,508 higher when compared to the same period last year. The City has received 3.9% of total revenues in the first quarter, with the majority of this revenue coming from two payments that are received in April. Staff expects this revenue to be on target to meet budget at yearend. Cogenerated Electric is 9.9% or $22,472 higher than the same period last year with 22.1% of budget received. The fluctuation of the price of natural gas is the biggest impact affecting the price per megawatt hour. The volume of production is the main reason for the increase over the first quarter last year. License and Permits recorded revenues of $658,259 or 47% of budget for the first quarter, which includes one single permit payment of $250,000. This is an increase of 104% or $335,561 over the l st quarter in the previous year. An increase in permits issued this quarter compared to same period last year show signs of economic recovery. At midyear this revenue stream will be analyzed for a possible increase over the original estimated budget amount. Gas Utility Tax is currently at 8.0% of budget received and down $67,418 or 52.8% compared to the same period last year. The primary factors for the decline are the price of natural gas which is down 3.7% compared to the same quarter last year and usage at the power plant is down 61% compared to same period last year. This decline is significant and more than was originally forecasted during the budget process. Historically, the City receives 26% in the first quarter so if this revenue continues this trend it is anticipated that Gas Utility Tax will not meet budget at yearend. Interest on Investments continues to experience a significant reduction due to the current economic crisis and the result of the Federal Reserve Bank's rate reduction in short-term and long -term interest rates. This revenue is down $46,173 or 28.79% compared to the same period last year. Currently, the City's portfolio is invested in Local Agency Investment Funds (LAIF) 151 (34.8% of the portfolio value), money market accounts (12.52% of the portfolio value), negotiable CD's, (3.18% of the portfolio value), Federal Agency Issues (21.19% of the portfolio value), and miscellaneous securities (28.31% of the portfolio value). The average return on our miscellaneous securities through the first quarter was 4.7 %, and LAIF was 0.38 %, and with the total average return for entire portfolio being 2.09 %. It is estimated that six bonds will be called in the second quarter of the fiscal year, dropping our average rate of return on the entire portfolio to approximately 1 %. LAIF is predicted to continue to return 0.3 8% or less through the end of the year and at this time we are not estimating interest income will be on target with budget. General Fund Expenditures The General Fund expenditures through December 31St, 2011 are at 28% of the adopted budget. It is important to mention here that historically the first quarter numbers track slightly higher than the remainder of the year due to the following: • Pay outs of vacation and sick leave balances for retirements and resignations. • Reimbursable Expenditures — The current expenditures include an estimated $41,500 in reimbursable expenditures related to developer agreements. It is expected these balances will be repaid in the second quarter of the fiscal year. • Prior Year Encumbrances — At December 31, 2011, there were approximately $120,000 in expenditures related to the prior year budgeted expenditures that were properly encumbered into Fiscal Year 2011 -2012. Elected Officials and Administrative Support Services This category, which consists of the City Council, City Clerk, City Treasurer, City Manager's office, Finance and Human Resources, is currently on target with budget. Nondepartment Nondepartment expenditures are currently on target with budget. Public Safety The Fire Department in total is on target with budget. First - quarter expenditures totaled $3,907,961 or 32.14% of budget. The expenditure percentage trending remains the same in comparison to the same period last year. The Police Department in total is on target with budget. First - quarter expenditures totaled $4,369,391 or 28.32% of budget. The expenditure percentage trending is consistent to the same period last year. Historically, expenditures in these two departments come in slightly higher in the first quarter due to the Holiday Pay being paid out in December of each year. Additionally, we should expect expenditures further reduced by the salary savings resulting from the employees who accepted 152 the early retirement incentive. Planning and Building Safety Expenditures for the first quarter are $550,800 or 20.52% of the budget. Of this amount, there are approximately $41,500 of expenditures that will be reimbursed by developers. This department continues to adjust staff with consultant resources which will enable them to reduce expenditures if necessary due to the uncertain economic conditions. Public Works This function's General Fund divisions consist of Government Buildings, Engineering, Street Services, Street Maintenance, Traffic Safety, Solid Waste Recycling, Wastewater, Storm Drains, Equipment Maintenance and Administration. At the end of the first quarter this department is on target with actual expenditures at $1,059,396 or 21.20% of budget. Recreational Cultural and Information Services The Recreation, Cultural and Information Services function includes the Recreation and Parks Department and the Library Department. At the end of the first quarter the Recreation and Parks department is right on target with actual expenditures at $1,098,126 or 22.49% of budget. Library Services is on target with budget at $562,356 or 24.77% of expenditures realized though the first quarter. Summary With 25% of the fiscal year complete, General Fund expenditures are at 28.10% of budget and are generally on target. Year -to -date expenditures have decreased .5% or $66,400 over the same period last year. Expenditures and revenues in all other funds appear to be on target with budget. 153 ATTACHMENT A CITY OF EL SEGUNDO CORE REVENUE REPORT REPORTING PERIOD: FISCAL YEAR END 9130111 CORE REVENUES: FY2011 -ACTUALS1 FY2011 I FY2011 FY2011 FY2011 DESCRIPTION ANNUAL QUARTER 11 QUARTER 2 QUARTER 3 QUARTER 4 3100 -300 PROPERTY TAXES 6,125,246 2,205,739 962,330 2,338,812 618,386 3200300 OTHER TAXES 24,718,002 4,137,184 6,284,525 8,132,771 6,163,523 3300300 BUSINESS LICENSE FEES 9,758,843 554,545 8,976,239 123,417 104,643 3500300 FINES & FORFEITURES 309,611 75,070 75,285 78,421 80,837 3600 -300 TOTAL INTEREST & RENTAL 1,159,288 160,353 114,997 239,091 644,847 3700300 INTERGOVERNMENTAL REVENUES 1,576,771 67,168 665,780 760,022 83,802 3900 -300 -OTHER REVENUE- 1,214,119 314.594 271,450 248,703 379,361 3200 -010 U UT Total 44.861,880 7,514,653 17,350,616 11,921,237 8,075.379 CORE REVENUES BY ACCOUNT NUMBER- FY2011 - ACTUALS FY2011 FY2011 I FY2011 FY2011 DESCRIPTION ANNUAL QUARTER 1 QUARTER 21 QUARTER 3 QUARTER 4 3101 -300 Current Year Secured 5,710,491 2,199,025 900,677 2,301,555 309,236 3102 -300 Current Year Unsecured 236,241 0 16,930 0 219,311 3103 -300 Prior Year Secured 47,474 -1,293 -481 0 49,248 3104 -300 Prior Year Unsecured 21,298 0 8,879 -60 12,479 3105 -300 PENALTIES & INTEREST 56,359 0 17,641 10,626 28,092 3106 -300 HOX Reimbursement 53,383 8,007 18,684 26,691 0 3100 -300 PROPERTY TAXES 6126.246 2,208,739 952,330 2,338,812 618 368 3200 -010 U UT Total 5,254,970 1,313,859 1,218, 585 1,044, 207 1,678, 319 3201 -300 Sales & Use Tax 8,885,248 1,724,513 2,275,007 2,123,182 2,762,546 3202 -300 Franchise Tax 2,498,616 60,000 106,804 2,231,983 79,830 3203 -300 Transient Occupancy 4,301,696 772,933 1,101,560 1,110,805 1,316,398 3204 -300 Real Property Transfer 173,011 17,121 37,350 65,213 33,327 3206 -300 PSAF PR. Tx Public Safety 23,345 2,006 5,678 5,961 9,700 3208 -300 Sales Tax in Lieu 2,497,919 0 1,246,417 1,249,502 0 3215 -300 Cogenerated Electric/Chevron 1,063,197 226,752 291,124 281,918 283,403 3200300 OTHER TAXES 24,718.002 4,137,184 6,284,626 6131771 6,163,623 3301 -300 Commercial Industrial 9,085,923 397,792 8,569,888 59,614 58,629 3302 -300 Contractors 184,622 57,565 101,384 16,265 9,408 3303 -300 Vehicles 33,869 10,002 17,945 3,316 2,607 3304 -300 Contract Employees 187,577 27,419 156,263 2,455 1,440 3305 -300 Other Business License Fees 119,955 36,231 74,719 4,265 2,740 3306 -300 Business License Penalty Charge 86,948 387 40,686 31,054 14,821 3307 -300 Filming Fees 59,909 23,149 15,314 6,448 14,998 3308.300 Business License Processing Fee 40 0 40 0 0 3300 -300 BUSINESS LICENSE FEES 917681843 564,646 8,976,239 123,417 104,043 3501 -300 City Code Fines 4,351 757 915 1,266 1,413 3502 -300 Library Fines & Fees 30,517 6,946 6,841 8,300 8,431 3503 -300 Parking Fines 261,276 66,033 57,796 67,902 69,546 3505 -300 Handicap Parking Fines 1,660 472 594 198 396 3506 -300 Towing Service Fines 8,224 0 8,224 0 0 3513 -300 Internet Printing 3,283 662 615 755 851 3514 -300 Environmental Safety Penalty Ch 300 0 100 0 200. 3500300 FINES & FORFEITURES 309&11 76,070 75,285 78,421 80,837 3601 -300 Interest on Investments 782,575 146,172 78,441 201,034 356,928 3602 -300 Property Rentals 142,813 14,181 36,556 38,057 54,019 3661 -300 Parking in -Lieu Fees 233,900 0 0 0 233,900 3600300 TOTAL INTEREST & RENTAL 1,159.288 160,353 114,997 239.091 644,847 3701 -300 Motor Vehicle In Lieu 73,736 2,780 10.828 15,676 44,455 3726 -300 School Tax Admin Fee 3,789 0 0 0 3.789 3705 -300 Reimburse LA County TRAP 183,822 63,208 29,341 57,855 33,417 3715 -300 VLF Swap 1,251,226 0 625,613 625,613 0 3735 -300 Federal Grants 54.198 1.180 0 60,878 2.141 3700 -300 INTERGOVERNMENTAL REVENUES 1.578 771 67,168 666,780 760,022 83,802 3901 -300 Sale of Surplus Property 28.869 18,510 75 0 10,183 3904 -300 SB -90 Reimbursement 32,102 3,020 0 0 29,082 3905 -300 Admin Charges 660,792 220,264 110,132 165,198 165,198 3909 -300 Miscellaneous Revenue 271,567 72.700 109,073 8,122 81,672 3943 -300 Interest Park Vista 156,000 0 52,180 39,000 64,820 3972 -300 AquaticslDeveloper Contribution 64,789 0 0 36,383 28,406 3900300 -OTHER REVENUE- 1,214,119 314,694 271,460 248,703 379,361 44,861,880 7,514,653 17,350,616 11,921.237 8,075,379 154 CITY OF EL SEGUNDO ATTACHMENT B CORE REVENUE REPORT REPORTING PERIOD: QUARTER END 12/31111 CORE REVENUES: DESCRIPTION 3100 -300 PROPERTY TAXES 3200 -300 OTHER TAXES 3300 -300 BUSINESS LICENSE FEES 3500300 FINES & FORFEITURES 3600 -300 TOTAL INTEREST & RENTAL 3700 -300 INTERGOVERNMENTAL REVENUES 3900 -300 -OTHER REVENUE- R: DESCRIPTION 3101 -300 Current Year Secured 3102 -300 Current Year Unsecured 3103 -300 Prior Year Secured 3104 -300 Prior Year Unsecured 3105 -300 PENALTIES & INTEREST 3106 -300 HOX Reimbursement 3100 -300 PROPERTY TAXES 3200 -010 UUT Total 3201 -300 Sales & Use Tax 3202 -300 Franchise Tax 3203 -300 Transient Occupancy 3204 -300 Real Property Transfer 3206 -300 PSAF PR. Tx Public Safety 3208 -300 Sales Tax in Lieu 3215 -300 Cogenerated Electric /Chevron 3200 -300 OTHER TAXES 3301 -300 Commercial Industrial 3302 -300 Contractors 3303 -300 Vehicles 3304 -300 Contract Employees 3305 -300 Other Business License Fees 3306 -300 Business License Penalty Charge 3307 -300 Filming Fees 3300 -300 BUSINESS LICENSE FEES 3501 -300 City Code Fines 3502 -300 Library Fines & Fees 3503 -300 Parking Fines 3504 -300 Sur - Charge Parking Fines 3505 -300 Handicap Parking Fines 3506 -300 Towing Service Fines 3513 -300 Internet Printing 3514 -300 Environmental Safety Penalty Ch 3500 -300 FINES & FORFEITURES 3601 -300 Interest on Investments 3602 -300 Property Rentals 3600 -300 TOTAL INTEREST & RENTAL 3701 -300 Motor Vehicle In Lieu 3703 -300 Police Training STC 3705 -300 Reimburse LA County TRAP 3715 -300 VLF Swap 3730 -300 Prop 42 funds 3735 -300 Federal Grants 3700 -300 INTERGOVERNMENTAL REVENUES 3901 -300 Sale of Surplus Property 3903 -300 Refunds 3904 -300 SB -90 Reimbursement 3905 -300 Admin Charges 3909 -300 Miscellaneous Revenue 3919 -300 Police Evidence Unallocated 3943 -300 Interest Park Vista 3972 -300 Aquatics /Developer Contribution 3900300 -OTHER REVENUE- FY2012 I FY2011 %CHANGE 2012 YTD YTD YTD JADOPTED1 2,151,333 2,205,739 (2.5 %) 6,162,475 4,758,725 4,137,184 15.0% 24,354,325 876,289 554,544 58.0% 10,049,700 70,848 75,070 (56%) 415,000 114,180 160,353 (28.8 %) 985,000 46,144 67,168 (31.3 %) 1,430,000 297,852 314,594 177.4% 1,104.400 8,315,371 7,514,652 10.66% 44,500,900 2,143,701 2,199,025 (2.5 %v) 5,912,475 25 0 100,0% 50,000 0 -1,293 (100.0 %) 50,000 0 0 0.0% 30,000 0 0 0.0% 65,000 7,607 8,007 (5.0 %) 55,000 2,151,333 2,205,739 (2.5 %) 6,162,475 1,121,571 1,313,859 (14..6 %) 5,045,000 2,348,674 1,724,513 36.2% 8,650,000 97,508 80,000 21.9% 2,500,000 917,921 772,933 18.8% 4,207,500 21,528 17,121 25.7% 75,000 2,298 2,006 14.5% 15,000 0 0 0.0% 2,736,825 249,224 226,752 9.9% 1,125,000 4,758,725 4,137,184 15.0% 24,354,325 706,111 397,792 77.5% 9,388,200 66,452 57,565 15.4% 185,000 14,672 10,002 46.7% 33,500 38,564 27,419 40.6% 193,000 43,670 38,231 14.2% 123,000 656 387 69.4% 77,000 6,165 23,149 (73.4 %) 50,000 876,289 554,544 58.0% 10,049,700 759 757 0.3% 9,000 7,321 6,946 5.4% 35,000 61,284 66,033 (7.2 %a) 350,000 0 0 0.0% 3,000 528 472 11.9% 2,500 0 0 0.0% 15,000 856 862 (0.7 %) 0 100 0 100.0% 500 70,848 75,070 (5.6 %) 415,000 99,574 146,172 (31.9 %) 875,000 14,606 14,181 3.0 %a 110,000 114,180 1603353 (28.8 %) 985,000 0 2,780 (100.0 %) 35,000 0 0 0.0 % 20,000 46,144 63,208 (27.0 %) 0 0 0 0.0% 1,300,000 0 0 0.0% 25,000 0 1,180 (100 -0%) 50,000 46,144 67,168 (31.3 %) 1,_4_30,000 0 18,610 - 100.00% 50,000 0 0 0.00% 5,000 144 3,020 - 95.23% 10,000 165,198 220,264 - 25.00% 675,000 107,049 72,700 47.25% 203,900 0 0 0.00% 500 13,000 0 100.00% 160,000 12,461 0 100.00% 0 297,852 314,594 - 5.32% 1,104,400 8,315,371 7,514,652 10.66% 44,500,900 155 EL SEGUNDO CITY COUNCIL AGENDA STATEMENT AGENDA DESCRIPTION: MEETING DATE: February 7, 2012 AGENDA HEADING: New Business Consideration and possible action to: (1) provide preliminary direction on the list of 14 proposed Capital Infrastructure Project and bring back to Council for final action as part of final approval of financing for projects; (2) authorize staff to conduct a Request for Proposal process for selection of a Financial Advisor; (3) authorize the City Attorney's Office to conduct a request for proposal process for selection of municipal finance counsel to assist with the financing of the projects; (4) direct staff to prepare the necessary ordinance, resolution and job descriptions for one new, potentially at -will, position in the Engineering Division to carry out implementation of the proposed projects and 5) approve one at -will position in the Engineering Division for City Engineer to carry out implementation of the proposed projects. [Fiscal Impact: $15,152,282 (future) for the proposed projects; $75,000 for Financial Advisor and $163,250 for two new, at -will positions funded for six months of Fiscal Year 2011- 2012.] RECOMMENDED COUNCIL ACTION: 1. Provide preliminary direction on the list of 14 proposed Capital Improvement Projects and bring back to Council for final action as part of final approval of financing for projects. 2. Authorize staff to conduct a request for proposal process for selection of a Financial Advisor. 3. Authorize the City Attorney's Office to conduct a request for proposal process for selection of municipal finance counsel to assist with the financing of the projects; 4. Direct staff to prepare the necessary ordinance, resolution and job description for one new, potentially at -will, positions in the Engineering Division to carry out implementation of the proposed projects; 5. Approve one at -will position in the Engineering Division for City Engineer to carry out implementation of the proposed projects; or, 6. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: Attachment A: 14 proposed Capital Infrastructure Projects Cost Matrix Attachment B: 14 Capital Infrastructure Projects Detailed Summaries Attachment C: Capital Infrastructure Project Financing Amortization Schedule Attachment D: General Fund Operating Budget Five -Year Forecast FISCAL IMPACT: Budget Adjustment Required Amount Budgeted: $0 Additional Appropriation: Yes $238,250 Account Number(s): 301 - 400 - 9999 -4xxx - $163,250 301 - 400 - 9999 -6214 - $ 75,000 is 156 ORIGINATED BY: Stephanie Katsouleas, Public Works Director REVIEWED BY: Deborah Cullen, Finance Directo APPROVED BY: Doug Willmore, City Manage ' / BACKGROUND AND DISCUSSION: At the June 8, 2011 Strategic Planning Session, staff presented to Council for consideration and discussion a preliminary list of 18 proposed capital infrastructure projects totaling approximately $20 million. This list identified much needed but currently unfunded facility renovations, upgrades, and retrofits as well as new facilities and safety enhancements. After discussing the need for and potential funding sources that could be utilized to carry out these projects, Council directed staff to formalize the list and bring it back for consideration at the next Strategic Planning meeting planned for August 31, 2011. At that next Strategic Planning Session, staff refined the projects proposed and again presented the 18 Capital Infrastructure Project recommendations for an estimated total of $18,000,000. The projects addressed four broad categories, which included: • Projects that enhance /improve safety; • Projects that have potential or existing grant sources; • Projects that restore facilities to their intended use; and • Projects that provide a community or municipal enhancement. During the presentation, staff and Council discussed the potential funding mechanisms available to the City to implement the projects and the estimated annual financial impact to the City. Council directed staff to firm up the project estimates and engage other committees and commissions in the project development process prior to Council approval. Subsequently, staff presented the list to and solicited input from the following committees and commissions: Capital Improvement Program Advisory September 26, 2011 Committee (CIPAC) and Community Input October 17, 2011 Meetings Rec Park Commission December 21, 2011 Planning Commission January 26, 2012 The Capital Improvement Program Advisory Committee (CIPAC) ranked each project according to established standard scoring criteria (scores included in Attachment A). In addition to supporting the original 18 projects proposed, CIPAC also recommended that one addition project be added to the list, which included upgrades to three Recreation Park facilities (Joslyn Center, Check out Building and George Gordon Clubhouse). No additional comments were received from Recreation and Parks Commissioners but they were in general supportive of the list. Staff also presented the list to the Planning Commission, which will make findings regarding conformance with the General Plan once the projects have been approved by City Council for implementation. Please note that some conformance findings have already been made as part of previous reviews (e.g., Aquatics Facility, Richmond Street, City Hall Renovations). We expect every project except for the Library Expansion and the New Aquatics Facility will be 157 categorically except under CEQA review. Please note that the CEQA review process has already been completed for the New Aquatics Facility but will still need to be done for the Library Expansion project. Following the more thorough cost estimate by staff in addition to review of our future financial outlook and potential for grant funding, it was determined that two projects should be considered for Phase II rather than included in this list. These projects include a) restoration of El Segundo Blvd, east of Sepulveda, and b) more extensive restoration of three parks facilities. A third project, the Fire Station interior remodel, was bundled into the Fire Station Seismic retrofit as it will be completed as a single restoration project. A fourth project, expansion of the Library for Children's programs, will require a full CEQA analysis before the project is formally brought to Council for approval. Staff will be bringing forward funding options to cover the cost of the CEQA. These changes brought the original total of 18 proposed projects down to 14. The new cost estimate for the 14 proposed Capital Infrastructure Projects for materials, design, construction, implementation and oversight is $15,152,282, with an additional annual operations liability of approximately $650,000. Please note that the estimate does not include the cost for additional staff that will be necessary to carry out these projects during planning and construction. We will need two additional staff in the Engineering Division for oversight and implementation over the next three years (based on multiple staging schedules of these projects), and we have determined that funding for these positions is available in our existing budget. WHY FUND THESE PROPOSED PROJECTS NOW and NOT LATER? The 14 proposed projects represent significant community needs for improving safety, restoring failing streets and other facilities, and providing/expanding recreational enhancements. Many of the proposed projects represent long - deferred but sorely needed maintenance or upgrades (e.g., restoration of El Segundo Blvd., Richmond Street, Fire Station 1), while other projects have long been desired by residents (e.g., new aquatics center, restoration of the Plunge). Still, other projects will provide enhanced safety benefits to the community, such as more clearly marked, high traffic crosswalks and strategically located street barriers for community events. The cost of many of these individual projects exceeds the City's entire annual CIP funding, thus making their implementation impossible without years of accumulated savings under the traditional CIP process. It Makes Financial Sense to Build Them Now As detailed in table below, the total "today" cost of constructing these projects is estimated to be $15.152 million, of which $4.5 million would be covered from available reserves and $10.6 million would be financed. The estimated payment on the financed portion would yield a loan payment of $775,000 for 20 years. The total payments made at the end of the term would be $15.8 million, which includes $5.2 million in paid interest and issuance (i.e., the cost of borrowing money today). By comparison, if the City waited 17 years to implement the proposed projects the total `future" cost of construction is estimated to be $26.6 million.' This represents an increase of ` Assumes a 3.25% growth rate in construction costs over the next 17 years, which represents a total 76% increase. For many construction commodities, this conservative growth rate is low when compared construction costs over the last 20 years. Ref. Bureau of Labor Statistics. 158 $10.8 million more by delaying implementation. In order to accumulate that $26.6 million in 17 years, and thus avoid the 20 -year $775,000 loan payment, the City would need to save $1,450,000 annually, or roughly double the proposed loan payment. Current Current Loan Costs $10,600,000 Cost of Issuance 300,000 Cost of Interest on Lease 4,899,637 Estimated Total Project Cost Over 20 Years if Funded Today 15,799,637 Construction Escalation Cost in 17 years 26,656,899 Savings $10,857,262 Today's Dollar Value (Net Present Value) $10,533,091 17,771,266 $7,238,175 Effectively, deferring the projects 17 years will cost the City $7.2 million more in today's dollars (NPV) than implementing them today. It is worth noting that interest rates are at historic lows. When combined with the depressed cost of construction projects (as experienced in the City's recent bidding results), this is the absolute best time to implement the City's much needed capital projects, in particular given the significant savings ($7.2 million) we can achieve in today's dollars by implementing now. Funding for Capital Infrastructure Projects (CIP) The City would have to seek financing to fund a portion of the total identified projects. To ensure the City identifies the best possible financing solutions, staff recommends using the services of a financial advisor to assist us. A financial advisor will provide information and options to make informed and value -added decisions. The estimated cost of these services is approximately $75,000. The staff will conduct a request for proposal process and bring back to Council a recommendation and proposed contract for a financial advisor. Municipal Finance Counsel Municipal finance is a very specialized area and it anticipated that the City will at a minimum need finance counsel and may also need disclosure counsel. The costs of these services will likely be funded from the financing proceeds. The City Attorney's Office will conduct a Request for Proposals for these services and bring back for Council consideration a recommendation and proposed contract for these services. Estimated Cost of Capital Infrastructure Projects and Recommended Funding Sources The proposed Capital Infrastructure Projects total $15,152,282. Staff has identified available reserves of $4,552,282 that could be used to fund a portion of these projects. Below are the available balances as of December 31, 2011. Staff proposes the remaining $10,600,000 to be financed. Total Cost of Projects: $ 15,152,282 Amt Available in Reserves: 4,552,282 Proposed Financed Portion: $ 10,600,000 CAPITAL IMPROVEMENT FUND: Designation for Aquatics: 540,000 CIP Unreserved, Undesignated: 864,935 1,404,935 DEVELOPER DONATIONS FUND: Designation for Aquatics: 1,822,970 ECONOMIC UNCERTAINTY FUND: Unreserved, Undesignated: 839,181 GENERAL FUND Excess Reserves: 485,196 Available in FY 2012: 4,552,282 Potential Annual Debt Service Payment Staff has projected the annual debt service payments assuming the City finances $10.6 million. Annual debt service payments on a 20 -year, 4% interest rate, paid semi - annually are estimated below. If the projects and financing are approved, staff intends to first draw down from the available reserves identified earlier in this report. Based on this assumption, the first debt service payment would not be due until the beginning of Fiscal Year 2013 -2014. Please note that these are just assumptions at this time and the actual payment schedule and amount and timing of funds available will be dependent on the time of financing available to the City. DUE FY: 2014 2015 2016 2017 2018 First Five Years: Thereafter: 2019 -2023 2024 -2028 2029 -2033 4% 20 YR $10.6 MILLION $ 774,982 774,982 774,982 774,982 774,982 3,874,909 3,874,909 3,874,909 3,874,909 $ 15,499,637 Principal: 10,600,000 Interest: 4,899,637 $ 15,499,637 160 Source of Debt Service Payment To determine the sources of the annual debt service payments, staff has prepared a five -year projection of the General Fund Operating Budget and has identified the surplus that would be used to pay for the debt service on the $10.6 million financed. SOURCES FOR REPAYMENT: FIVE -YEAR FORECAST PROJECTIONS: Surplus in FY 2013: $534,282 Surplus in FY 2014: 880,953 Surplus in FY 2015: 1,094,940 Surplus in FY 2016: 1,105,890 Surplus in FY 2017: _ 1,116,948 Five -Year Surplus: $4,733,013 Staff Resource Needs to Carry Out These Projects Staff proposes hiring a City Engineer and a Capital Projects Manager, for an estimated, fully burdened annual cost of $326,500 to meet the expected increased need of the Division. Both are anticipated to be at -will positions that can provide the intense level of involvement, oversight and management required for these proposed projects, as well as manage existing staff for the Division's less - technical projects. The City Attorney's Office will be reviewing the Capital Projects Manager position and preparing the necessary documents in conjunction with Human Resources, if Council so directs, to create the position. Assuming these positions are at -will, there will be no long -term staffing liability to the City once these projects are completed. The City would be free to assess its staffing needs at any time and make adjustments as necessary, including eliminating these positions when appropriate. 161 0 CD n 0 O n m 0 0 0 0 2. " 1 ♦n 'o pa gP S 6 O CY i1 m c..ti ..- 0- �C 37 p 7d VJ [n 3J m C7 a to m D 20 a m' � + m 7 fb i s N EU C1 0 JO—C S � n� 2 ` CD �n 3. . S (D m y ^• �. n � c 7 rt CC pQ mqn Tn 0 ro ¢� aim 0 m D , CL c I=t n n =r m O fp 2... 3'C an if n tii .�m =f W� — wT a d �0mN m3 ° 0o, 9.6 m3 ° a$ om ° : 5; ;9 -. N ° p FD CL N m m N N am.3 w na ° w o 0 1D N o m �»' �9'm C ✓` m C-ii Ot j 00 d G JC y C N L N Cm N O. G N N 4 m Op m N m j p O. O1] g QN c m .O. m - o ro m m 3 m 3 �� O 40. rt C f7 m 3 W G1 pt m v� O. 0 O o = W o 3 0 m 3 N m° C 0 d. < G m � w.�� CD q� ro a cod 0 m ° m� m . ��- m3 c y v m oya 0, 0 CL 2L 0 a CD rt fA V rt 0 fH N N [A EA !A EA fA 69 �V yi Ey yi 0 O. O ° O O c O O CD O O w EA I iA I fA EA O r 7 0 0 O C ' O Z O O N "'I -1 -1 -= �I -1 -M 0 -1 wmG - mm m - F"f K� -1 -I al -I rn g 1162 Attachment B: 14 Capital Infrastructure Projects — Detailed Summaries 1. Richmond Street Richmond Street's sidewalks, curbs and gutters are extensively damaged between El Segundo Blvd. and Holly. In addition to the pedestrian safety hazards caused by the uneven sidewalks and curbs, the area requires significant and continued maintenance to minimize the tripping hazards present in front of many businesses on Richmond St. The proposed project will repair sidewalks, curbs and gutters between El Segundo Blvd. and Holly and replace the current vegetation with less root - intrusive species. 2. Crosswalk Lighting This project proposes to install wireless LED, surface - mounted flashers at five crosswalk locations, which include the 100, 200, 300 and 400 blocks of Main Street and the Teen Center crosswalk on Grand Ave. These locations are both high pedestrian and high traffic areas where safety is a constant concern. The installation of the LED flashers on Main Street will conform to the existing street pattern, thereby preserving the integrity of the stamped concrete crosswalks. 3. Main Street Bollards Farmers Market and other community events are routinely held on Main St. between Holly Ave. and Pine Ave. To ensure pedestrian safety during these events, staff park City maintenance trucks at each end of the street, effectively creating a barrier to prohibit vehicles from entering the area. Manual, retractable bollards can provide the same level of pedestrian protection without the need for using City vehicles and at the same time create a more open and aesthetic environment. The retractable bollards are flush mounted in the street when not in use but can be easily put into service for any community event. 4. Hornet Way Hornet Way is a small street located at the entrance of the Northrop Grumman parking lot off Imperial Hwy. The street has not been well maintained and is in need of a complete surface rehabilitation to stem the extensive alligator cracking and minor pot holes that have formed. 5. El Segundo Blvd. (western portion) El Segundo Blvd., west of Sepulveda Blvd., is heavily utilized by Chevron, residents and Smokey Hollow businesses and is one of the primary gateways to the City's downtown business district. However, the street is wrought with alligator cracking, pot holes, failed road cuts, uneven surfaces and blind corners at a significant number of its intersections. El Segundo Blvd.'s sidewalks are also inadequate and do not meet current ADA requirements. The proposed project would completely restore the top 2 -3" of asphalt over the entire length of road between Whiting Street and Sepulveda Blvd. as well as create wider, ADA compliant sidewalks and ramps (which would also eliminate or reduce the blind corners between Illinois Street and Main St.). Consideration will also be given to how elements of the Bicycle Master Plan can be incorporated into the project. February 7, 2012 163 Attachment B: 14 Capital Infrastructure Projects — Detailed Summaries 6/7. Grand Ave. and Center St. Grand Ave., between Sepulveda Blvd. and Maryland St, and Center St., between El Segundo Blvd. and Imperial Ave., are two well - traveled streets in El Segundo. However, these streets do not qualify for federal or state funding because they do not meet eligibility requirements, i.e., they have no nexus to alternative transportation, commuting or regional transit routes. Furthermore, grant funds do not typically cover routine maintenance obligations of the City such as local street resurfacing. Still, these two projects are large and the streets have experienced significant wear. The proposed project would replace the top 2 -3" of asphalt, improve drainage and improve gutter lines where needed. 8. Teen Center The Teen Center, which includes the adjacent skate park and basketball court, is heavily used by El Segundo's teens and families. However, the building is run down both inside and outside, and could benefit from modest improvements to modernize the facility and create a more inviting (and durable) environment. The proposed project would include interior upgrades and exterior repairs, such as new floor, wall and counter surfaces, painting, furniture, fixtures, etc. 9. City Hall The proposed City Hall Remodel project is comprised of several components, which include • A complete renovation of the City Council Chambers, including new seating and Audio Visual (AV) upgrades to accommodate new communication and presentation technologies. The current AV arrangement does not provide adequate viewing for all audience seating locations, the seats themselves are worn and have holes, and the overall flow is not ideal for community participation. • Expansion of the West Conference Room. This project would include removing the interior wall and opening up the room to the windows, as well as installing a new larger conference table and AV enhancements to accommodate newer communication and presentation technologies. • Reconfiguration of the Planning and Public Works counter to create a more user - friendly Permit Assistance Center. The proposed project would expand the permitting counter by creating permitting and plan review stations, as well as computer terminals for "self- help" opportunities (such as plan review, on -line permitting, etc.) 10. Fire Station 1 Fire Station 1 was last renovated in the late 1980s, before the Northridge and Loma Prieta earthquakes occurred in the 1990s. Following those significant events, major changes were made to building design requirements for all structures, and in particular critical facilities such as fire departments and hospitals. The proposed project would seismically retrofit the existing building, bringing its structural integrity into compliance with current building standards. The project also includes minor renovations to interior portions of the building, including kitchen cabinetry, counters and flooring. February 7, 2012 164 Attachment B: 14 Capital Infrastructure Projects — Detailed Summaries 11. Park Lighting Recreation Park is the centerpiece of El Segundo's recreational opportunities and programs. While several lighting projects have been completed over the last five years, the central "backbone" of the lighting infrastructure has not been evaluated, upgraded and/or replaced. Despite several new ballast head and lamp installations, the park still experiences routine outages. The proposed project would replace the extensive wiring network throughout the park and replace or repair conduit where needed to ensure the continued integrity of the electrical network. 12. New Aquatics Facility El Segundo has, for many years, contemplated building a new, outdoor community pool to meet the needs of today's aquatic recreational needs. To help guide that consideration, a study was completed in late 2010 which assessed the feasibility of constructing a new pool at three locations — the Imperial school site, Hilltop Park and Richmond Elementary School (behind the Plunge). A corresponding CEQA analysis of these three locations was also completed and presented to Council in August, 2011. The desire for a new pool has been well vocalized by El Segundo's proponents, citing among many reasons, the chronic state of disrepair of the Plunge and the fact that it cannot meet the broader needs of the aquatics community. The proposed project would construct a new, multi - purpose outdoor pool at a location to be determined by City Council. 13. Plunge Renovation The Plunge, El Segundo's iconic pool constructed more than 70 years ago, is named after the beloved high school swim coach, Urho Saari, who coached swimming and water polo for more than 40 years. Because of its age, the pool's mechanical and electrical systems have outlived their useful lives and are breaking down on a regular basis. Furthermore, the filters and plumbing no longer meet current DHS health standards. The proposed project would completely renovate the mechanical, electrical and plumbing systems, as well as provide upgrades to the building's locker rooms and repairs to the pool itself. 14. Handball Court The City's outdoor handball court, located in the center of Recreation Park, has been closed for some time and is no longer used for any purpose. The proposed project would convert the area to a rock climbing wall and new rock climbing classes would be offered through the Park's program. Modifications would need to be made to the entrance area to make the facility more accessible but still secure when programs are not in session. Future Project: Library Expansion The Library has a rich history of offering Children's programs and other programs /resources to the community. However, due to increasing community involvement in these programs, the Library is literally busting at the seams and can no longer accommodate the demand for space and participation. The proposed project would create additional space for expanded children's programs and services as well as re- create itself to meet the needs of the next generation of Library users. February 7, 2012 165 CITY OF EL SEGUNDO ATTACHMENT C FINANCING AMORTIZATION SCHEDULE CAPITAL INFRASTRUCTURE PROJECTS LOAN AMT: $ 10,600,000 INTEREST RATE: 4.00% Total Debt Payment Principal Interest Annual Debt Oustanding at Date Component _ Component Total Payment Service PMT 9/30 FYE 9130, $ 10,600,000.00 1 12/1/2013 $ 175,490.93 $ 212,000.00 $ 387,490.93 $ 10,424,509.07 2 611/2014 $ 179,000.75 $ 208,490.18 $ 387,490.93 $ 774,981.85 $ 10,245,508.33 2014 3 12/1/2014 $ 182,580.76 $ 204,910.17 $ 387,490.93 $ 10,062,927.57 4 6/1/2015 $ 186,232.38 $ 201,258.55 $ 387,490.93 $ 774,981.85 $ 9,876,695.19 2015 5 12/1/2015 $ 189,957.02 $ 197,533.90 $ 387,490.93 $ 9,686,738.17 6 6/1/2016 $ 193,756.16 $ 193,734.76 $ 387,490.93 $ 774,981.85 $ 9,492,982.01 2016 7 12/1/2016 $ 197,631.29 $ 189,859.64 $ 387,490.93 $ 9,295,350.72 8 6/1/2017 $ 201,583.91 $ 185,907.01 $ 387,490.93 $ 774,981.85 $ 9,093,766.81 2017 9 12/1/2017 $ 205,615.59 $ 181,875.34 $ 387,490.93 $ 8,888,151.22 10 6/1/2018 $ 209,727.90 $ 177,763.02 $ 387,490.93 $ 774,981.85 $ 8,678,423.32 2018 3,874,909 11 12/1/2018 $ 213,922.46 $ 173,568.47 $ 387,490.93 $ 8,464,500.85 12 6/1/2019 $ 218,200.91 $ 169,290.02 $ 387,490.93 $ 774,981.85 $ 8,246,299.95 2019 13 12/1/2019 $ 222,564.93 $ 164,926.00 $ 387,490.93 $ 8,023,735.02 14 6/1/2020 $ 227,016.23 $ 160,474.70 $ 387,490.93 $ 774,981.85 $ 7,796,718.79 2020 15 12/1/2020 $ 231,556.55 $ 155,934.38 $ 387,490.93 $ 7,565,162.24 16 6/1/2021 $ 236,187.68 $ 151,303.24 $ 387,490.93 $ 774,981.85 $ 7,328,974.56 2021 17 12/112021 $ 240,911.44 $ 146,579.49 $ 387,490.93 $ 7,088,063.12 18 6/1/2022 $ 245,729.66 $ 141,761.26 $ 387,490.93 $ 774,981.85 $ 6,842,333.46 2022 19 12/1/2022 $ 250,644.26 $ 136,846.67 $ 387,490.93 $ 6,591,689.20 20 6/1/2023 $ 255,657.14 $ 131,833.78 $ 387,490.93 $ 774,981.85 $ 6,336,032.06 2023 21 12/1/2023 $ 260,770.29 $ 126,720.64 $ 387,490.93 $ 6,075,261.77 22 6/1/2024 $ 265,985.69 $ 121,505.24 $ 387,490.93 $ 774,981.85 $ 5,809,276.08 2024 23 12/1/2024 $ 271,305.41 $ 116,185.52 $ 387,490.93 $ 5,537,970.68 24 6/1/2025 $ 276,731.51 $ 110,759.41 $ 387,490.93 $ 774,981.85 $ 5,261,239.16 2025 25 12/1/2025 $ 282,266.14 $ 105,224.78 $ 387,490.93 $ 4,978,973.02 26 6/112026 $ 287,911.47 $ 99,579.46 $ 387,490.93 $ 774,981.85 $ 4,691,061.55 2026 27 12/1/2026 $ 293,669.70 $ 93,821.23 $ 387,490.93 $ 4,397,391.86 28 6/1/2027 $ 299,543.09 $ 87,947.84 $ 387,490.93 $ 774,981.85 $ 4,097,848.77 2027 29 12/1/2027 $ 305,533.95 $ 81,956.98 $ 387,490.93 $ 3,792,314.82 30 6/1/2028 $ 311,644.63 $ 75,846.30 $ 387,490.93 $ 774,981.85 $ 3,480,670.19 2028 31 1211/2028 $ 317,877.52 $ 69,613.40 $ 387,490.93 $ 3,162,792.66 32 611/2029 $ 324,235.07 $ 63,255.85 $ 387,490.93 $ 774,981.85 $ 2,838,557.59 2029 33 12/1/2029 $ 330,719.77 $ 56,771.15 $ 387,490.93 $ 2,507,837.82 34 6/1/2030 $ 337,334.17 $ 50,156.76 $ 387,490.93 $ 774,981.85 $ 2,170,503.65 2030 35 12/1/2030 $ 344,080.85 $ 43,410.07 $ 387,490.93 $ 1,826,422.79 36 6/1/2031 $ 350,962.47 $ 36,528.46 $ 387,490.93 $ 774,981.85 $ 1,475,460.32 2031 37 12/1/2031 $ 357,981.72 $ 29,509.21 $ 387,490.93 $ 1,117,478.60 38 6/1/2032 $ 365,141.35 $ 22,349.57 $ 387,490.93 $ 774,981.85 $ 752,337.25 2032 39 12/112032 $ 372,444.18 $ 15,046.74 $ 387,490.93 $ 379,893.07 40 6/1/2033 $ 379,893.07 $ 7,597.86 $ 387,490.93 $ 774,981.85 $ 0.00 $ 10,600,000.00 $ 4,899,637.07 $ 15,499,637.07 $ 15,499,637.07 166 ATTACHMENT D CITY OF EL SEGUNDO FIVE -YEAR FORECAST GENERAL FUND OPERATING BUDGET DESCRIPTION 4100 -400 EMPLOYEE SALARIES 4200 -400 EMPLOYEE BENEFITS 5200 -400 SUPPLIES 5500 -400 BOOKSIOTHER PRINTED MATERIAL 6100 -400 PUBLIC UTLITY CHARGES 6200 -400 SERVICE CHARGES 6400 -400 COMMUNITY PROMOTION 8104 -400 Equipment 8108 -400 Computer Hardware 8109 -400 Computer Software 9100 -400 INTERFUND TRANSFERS 9900 -400 Increase to Aquatics Operating Costs 0000 -400 EXPENDITURES DESCRIPTION 3100 -300 PROPERTY TAXES 3200 -300 OTHER TAXES 3300 -300 BUSINESS LICENSE FEES 3400 -300 OTHER LICENSE & PERMITS 3500 -300 FINES & FORFEITURES 3600 -300 TOTAL INTEREST & RENTAL 3700 -300 INTERGOVERNMENTAL REVENUES 3800 -300 CHARGES FOR SERVICES 3900 -300 ** *OTHER REVENUE * ** 9100 -300 INTERFUND TRANSFERS - TRAFFIC SAFETY 9600 -300 INTERFUND TRANSFERS - GOLF COURSE 0000 -300 Revenues Increase to Aquatics Operating Budget 2013 2014 2015 2016 2017 FORECAST FORECAST FORECAST FORECAST FORECAST 27,120,867 27,705,827 28,486,194 29,340,780 30,221,003 15,465,210 15,832,205 16,159,458 17,108,214 17,845,228 920,800 920,800 920,800 930,008 939,308 138,600 138,600 138,600 139,986 141,386 1,039, 680 1,039,680 1,039, 680 1,050, 077 1,060,578 7,950,213 8,186,713 8,167,213 8,226,630 8,286,239 482,000 482,000 482,000 486,820 491,688 30,950 30,950 30,950 31,260 31,572 19,600 19,600 19,600 19,796 19,994 26,000 26,000 26,000 26,260 26,523 62,900 62,900 62,900 63,529 64,164 0 650,000 669,500 689,585 710,273 53,256,820 55,095,275 56,202,895 58,112,944 59,837,956 2013 2014 2015 2016 2017 FORECAST FORECAST FORECAST FORECAST FORECAST 6,285,725 6,411,439 6,539,668 6,735,857 6,937,933 26,321,559 28,194,203 29,008,886 30,106,325 31,015,693 10,250,694 10,455,708 10,664,822 10,984,766 11,314,309 1,700,220 1,787,155 1,827,427 1,907, 938 1,992,150 419,151 415,000 415,000 444,805 453,701 985,000 985,000 985,000 1,014,550 1,044,987 1,443,000 1,471,860 1,501,297 1,531,323 1,561,950 4,513,686 4,683,796 4,783,668 4,905,482 5,030,517 1,472,067 1,172,067 1,172,067 1,183,788 1,195,626 200,000 200,000 200,000 202,000 204,020 200,000 200,000 200,000 202,000 204,020 53,791,102 55,976,228 57,297,835 59,218,834 60,954,904 534,282 880,953 1,094,940 1,105,890 1,116,948 EXPENDITURE ASSUMPTIONS: 1. CPI increase in salaries projected at 3% annually 2. CalPERS Pension benefits increased as per October 2011 Annual Valuation Report for FY 2013 through FY 2015. Applied weighted average increase in rates for FY's 2016 -2017. 3. Health Benefit increases 3.5% annually (based on Calendar Year 2012 increase in rates) 4. Non - Personnel Increases - applied historical average (1 % -2 %) 5. Included increase of Aquatics Ongoing Operating costs of $650,000 as detailed on the 2010 Aquatics Feasibility Study REVENUE ASSUMPTIONS 1. Sales Tax Increased for growth related to: - Growth in retail sales from the development of land at Rosecrans /Sepulveda beginning in FY 2014; - Use Tax collected from various construction projects throughout the City 2. Transient Occupancy Tax: - Increase in tax of approx. $600,000 beginning in FY 2014 from new hotel. 3. Gas Utility Users Tax increase of $650,000 beginning in FY 2014 due to new tower constructions by local power plant. 4. Average historical growth appliet to all other revenue groups. 167