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2016 Apr 05 - CC PACKETAGENDA
EL SEOUNDO 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, APRIL 5, 2016 — 5:00 PM
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(d)(1): - 3- matter
1. City of El Segundo vs. City of Los Angeles, et.al. LASC Case No. BS094279
2. Li v. City of El Segundo, et all, LAXC Case No. BC605728
3. Simonek v. City of El Segundo, USDC CV15 -9190
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(d)(2): -1-
matter.
Initiation of litigation pursuant to Government Code §54956.9 (d)(4): -1- matters.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -0- matter
APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957): -0- matter
PUBLIC EMPLOYMENT (Gov't Code § 54957) -0- matter
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CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -6-
matters
1. Employee Organizations: Police Management Association; Police Officers
Association; Police Support Services Employees Association; Supervisory and
Professional Employees Association; City Employees Association; Executive
Management Group (Unrepresented Group).
Agency Designated Representative: Steve Filarsky and City Manager
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0-
matters
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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, APRIL 5, 2016 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION — Father Alexei Smith, St. Andrew Russian Greek Catholic Church
PLEDGE OF ALLEGIANCE — Council Member Dugan
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PRESENTATIONS
a) Proclamation — April is National Donate Life Month
b) Proclamation — April is Sexual Assault Awareness Month and April 27, 2016 as
Denim Day.
c) Presentation — Sindee Pickens, El Segundo Public Library, National Library
Week; April 11-17,2016
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.
CITY COUNCIL COMMENTS — (Related to Public Communications)
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the
Agenda by title only.
Recommendation — Approval.
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
C. UNFINISHED BUSINESS
1. Consideration and possible action regarding a presentation about potential
amendments to the development standards for the Single - Family
Residential (R -1) Zone. Applicant: City of Ell Segundo.
(Fiscal Impact: None).
Recommendation — 1) Discuss and review the development standards for the
Single - Family Residential R -1 Zone; 2) Direct staff to prepare a Zoning Code
amendment (and associated environmental documents) that will "clean -up" the
R -1 Zone development standards and improve modulation requirements for the
Planning Commission's and City Council's consideration; 3) Direct staff to
separately study other elements of the R -1 Zone (as discussed below) and
present possible other changes to the R -1 Zone at a later date; and /or, 4)
Alternatively, discuss and take other action related to this item.
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6i
2. Consideration and possible action to amend certain deadlines in the Due
Diligence and Lease Agreement ( "Agreement ") entered into between the
City of El Segundo and the CenterCal LLC regarding the Lakes golf course
and driving range. The Agreement provides for making certain changes
and improvements to the golf course and turning the driving range into a
Top Golf facility.
(Fiscal Impact: $0)
Recommendation — 1) Authorize the Mayor to execute an amendment to the
Agreement in a form approved by the City Attorney for purposes of extending
certain deadlines in the Agreement; or 2) Alternatively, discuss and take other
possible action related to this item.
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 3010223 through 3010468 on Register No. 12 in the total
amount of $1,045,674.05 and Wire Transfers from 3/6/2016 through
3/20/2016 in the total amount of $3,148,000.24.
Recommendation — Approve Warrant Demand Register and authorize staff to
release. Ratify Payroll and Employee Benefit checks; checks released early due
to contracts or agreement; emergency disbursements and /or adjustments; and
wire transfers.
4. Regular City Council Meeting Minutes of March 15, 2016.
Recommendation — Approval.
5. Consideration and possible action regarding a thirty (30) day provisional
appointment extension for the position of Interim Deputy City Clerk II in the
City Clerk's office.
Fiscal Impact: None
Recommendation — 1) Approve the thirty (30) day provisional appointment
extension for the position of Interim Deputy City Clerk Il; 2) Alternatively, discuss
and take other action related to this item.
6. Consideration and possible action authorizing the Fire Department to
purchase a new 2016 four door Ford Explorer XLT (K7D) with front wheel
drive (FWD) for the Fire Chief, as the current staff vehicle is overdue for
replacement.
(Fiscal Impact: $32,103.00)
Recommendation — 1) Pursuant to El Segundo City Code Section 1 -7 -10, waive
the formal bidding process and authorize the Fire Department to piggy -back off of
the National Joint Powers Alliance cooperative procurement contract with
National Auto Fleet Group, Contract No. 102811 -NAF, for the purchase of a
replacement vehicle for the Fire Chief; 2) Authorize the City Manager to execute
an agreement, in a form approved by the City Attorney, to purchase one 2016
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C:
four door Ford Explorer XLT with FWD with available equipment replacement
funds; 3) Alternatively, discuss and take other possible action related to this item.
7. Consideration and possible action to award a standard Public Works
Contract to the lowest responsible bidder, American Asphalt South, Inc. for
the slurry sealing of the streets in the area bounded by the north City
Boundary, Sepulveda Boulevard, Mariposa Avenue, and Sheldon Street.
Project No.: PW 16 -09
(Fiscal Impact: $400,000.00)
Recommendation — 1) Authorize the City Manager to execute a standard Public
Works Contract in a form as approved by the City Attorney with American
Asphalt South, Inc., in the amount of $307,485.70 and; 2) Approve an additional
contingency of $92,514.30 for unforeseen circumstances; or 3) Alternatively,
discuss and take other action related to this item.
8. Consideration and possible action to authorize the City Manager to enter
into Memorandum of Agreements (MOA) for Implementation of Coordinated
Integrated Monitoring Programs (CIMP) for Jurisdictional Groups 2 & 3 of
the Santa Monica Bay Watershed and for the Dominguez Channel
Watershed.
Fiscal Imp act:_$120,543.00 in FY 15/16 and $53,913.00 in FY 16/17
Recommendation — 1) Authorize the City Manager to enter into a Memorandum
of Agreement, approved in form by the City Attorney, between the Cities of Los
Angeles, Santa Monica and El Segundo, the Los Angeles County Flood Control
District, and the County of Los Angeles for $104,391.00 for administration and
cost sharing for Implementation of a Coordinated Integrated Monitoring Program
(CIMP) for Jurisdictional Groups 2 & 3 of the Santa Monica Bay Watershed; 2)
Authorize the City Manager to enter into a Memorandum of Agreement, approved
in form by the City Attorney, between The South Bay Cities Council of
Governments (SBCCOG), the Cities of Los Angeles, El Segundo, Hawthorne,
Carson, Lawndale, Lomita and Inglewood, the Los Angeles County Flood Control
District, and the County of Los Angeles for $70,065.00 for administration and
cost sharing for development of a Coordinated Integrated Monitoring Program
(CIMP) for the Dominguez Channel Watershed; 3) Alternatively, discuss and take
other possible action related to this item.
9. Consideration and possible action to receive and file this report regarding
emergency work to repair dwelling units at the Park Vista Senior Housing
Facility due to water intrusion without the need for bidding in accordance
with Public Contracts Code §§ 20168 and 22050 and El Segundo Municipal
Code ( "ESMC ")§ 1 -7 -12 and 1 -7A-4.
(Fiscal Impact: $50,000.00)
Recommendation — 1) Receive and file this report regarding emergency work to
repair dwelling units at the Park Vista Senior Housing Facility due to water
intrusion without the need for bidding in accordance with Public Contracts Code
§§ 20168 and 22050 and El Segundo Municipal Code ( "ESMC')§ 1 -7 -12 and 1-
7A-4.; 2) Alternatively, discuss and take other possible action related to this item.
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10. Consideration and possible action to 1) waive the bidding process for
Joslyn Center Refurbishment/Modernization Project and 2) award a
standard Public Works Contract to Excelsior Elevator to complete the
required work. PW 16 -19
_ Fiscal Impact: $95,000.00
Recommendation — 1) Waive the bidding process for refurbishment based on the
"no competitive advantage" exemption to Public Contract Code bid requirements
for the Joslyn Center Refurbishment/Modernization Project; 2) Award a standard
Public Works contract in the amount of $85,582.00 to Excelsior Elevator to
complete the required work; 3) Authorize an additional contingency of $9,418.00;
or 4) Alternatively, discuss and take other possible action related to this item.
11. Consideration and possible action regarding the approval of a Fifth
Amendment to a Professional Services Agreement with Michael Baker
International, Inc., to increase the contract amount to provide
environmental review services required by the California Environmental
Quality Act (CEQA) for the Raytheon El Segundo South Campus Specific
Plan Project.
(Fiscal Impact: $up to $663,173.47 Developer Reimbursed Trust Fund)
Recommendation — 1) Approve a budget appropriation of up to $663,173.47 to
provide environmental review services; 2) Authorize the City Manager to execute
a Fifth Amendment to a Professional Services Agreement for environmental
review services, in a form approved by the City Attorney, in an amount not to
exceed $663,173.47; 3) Alternatively, discuss and take other action related to
this item.
F. NEW BUSINESS
12. Consideration and possible action to approve and adopt the updated
Investment Policy, which has been revised to include an updated list of
Authorized Investments, with City of El Segundo- imposed Restrictions, and
add Benchmarks to compare Portfolio performance.
(Fiscal Impact: None)
Recommendation — 1) Approve Proposed Resolution; 2) Alternatively, discuss
and take other 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
Council Member Fellhauer —
PQ
Council Member Atkinson —
Council Member Dugan —
Mayor Pro Tern Jacobson —
Mayor Fuentes —
PUBLIC COMMUNICATIONS — (Related to City Business Onl — 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: 1 14-1
TIME: hG t i S Ar"T
NAME: "
G�
rorlamatt'011 Up of (el *egunbo, California
WHEREAS, organ, tissue, marrow and blood donation are life - giving acts recognized worldwide as expressions of
compassion to those in need; and
WHEREAS, more than 121,000 individuals nationwide and more than 21,000 in California are currently on the
national organ transplant waiting list, and on average, 22 people die each day while waiting due to the
shortage of donated organs; and
WHEREAS, the need for donated organs is especially urgent in Hispanic and African American communities; and
WHEREAS, more than 600,000 units of blood per year are needed to meet the need in California; and
WHEREAS, at any given time, 6,000 patients are in need of volunteer marrow donors; and
WHEREAS, a single individual's donation of the heart, lungs, liver, kidneys, pancreas and small intestine can save
up to eight lives; donation of tissue can save and heal the lives of up to 50 others; and a single blood
donation can help three people in need; and
WHEREAS, millions of lives each year are saved and healed by donors of organs, tissues, marrow and blood; and
WHEREAS, the spirit of giving and decision to donate are not restricted by age or medical condition; and
WHEREAS, over twelve million Californians have signed up with the state - authorized Donate Life California
Donor Registry to ensure their wishes to be organ, eye and tissue donors are honored; and
W H EREAS, California residents can sign up with the Donate Life California Donor Registry when applying for or
renewing their driver's license or ID cards at the California Department of Motor Vehicles.
NOW, THEREFORE, the Mayor and Members of the City Council of the City of El Segundo, California, in recognition
of National Donate Life Month, hereby proclaim the month of April 2016 as "DMV /Donate Life California Month" in
El Segundo and in doing so we encourage all Californians to check "YES!" when applying for or
renewing their driver's license or I.D. card, or by signing up at �k,�y r,donatel_li'Lcalil'ornia.ora or /1u f r
www.doncVIDAca!itornia.oru.
DONATE
L FE
91layorSuzanne Tuentes
Wayor Pro Tem Cadjacobson CouncdWember 1Dave Vkinson
CounciCWem6erWarie (FeCCFiauer Councif3lemberWichaefDugan
WE
rotlamatt'on Citp of Q11 begunbfl, California
WHEREAS, the United States Government has declared April as "Sexual Assault Awareness
Month" and Peace Over Violence has declared April 27, 2016 as "Denim Day" in
Los Angeles County; and
WHEREAS, both events are intended to draw attention to the fact that rape and sexual assault
remains a serious issue in our society; and
WHEREAS, harmful attitudes about rape and sexual assault allow these crimes to persist and
allow victim/survivors to be re- victimized; and
WHEREAS, "Sexual Assault Awareness Month" and "Denim Day" were also instituted to call
attention to misconceptions and misinformation about rape and sexual assault, and
the problem that many in society remain disturbingly uninformed with respect to
issues of assault and forcible rape; and
WHEREAS, every two minutes, someone in America is sexually assaulted, approximately 1 -in -6
women are raped during their lifetime and youths under 18 account for about 44% of
all reported; and
WHEREAS, with proper education on the matter, there is compelling evidence that we can be
successful in reducing incidents of this alarming and psychologically damaging
crime; and
WHEREAS, the members of the City Council strongly support the efforts of Peace Over Violence
to educate persons in our community about the true impact of rape and sexual assault
in Southern California.
NOW, THEREFORE, the Mayor and Members of the City Council of the City of El Segundo,
California, hereby proclaim the month of April as "SEXUAL ASSAULT AWARENESS
MONTH" and designates April 27, 2016 as "DENIM DAY" and urges everyone to wear jeans on
April 27, 2016 to help communicate the message that there is "no excuse and never an invitation to
rape ".
1YUj.
h
� 'a
4��1. V VV
Mayor Suzanne Fuentes
Wayor Pro 7em Cadjaco6son CounciCWember Dave.Atkinson
CounciCWemberWarie EeCChauer CounciCMem6erMchaeC (Dugan
11
Presentation
Sindee Pickens, El Segundo Library
April 11 -17, 2016 as National Library Week
12
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: April 5, 2016
AGENDA HEADING: Unfinished Business
Consideration and possible action regarding a presentation about potential amendments to the
development standards for the Single- Family Residential (R -1) Zone.
Applicant: City of El Segundo. (Fiscal Impact: None).
RECOMMENDED COUNCIL ACTION:
1. Discuss and review the development standards for the Single - Family Residential R -1
Zone;
2. Direct staff to prepare a Zoning Code amendment (and associated environmental
documents) that will "clean -up" the R -1 Zone development standards and improve
modulation requirements for the Planning Commission's and City Council's
consideration;
3. Direct staff to separately study other elements of the R -1 Zone (as discussed below)
and present possible other changes to the R -1 Zone at a later date; and /or,
4. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. City Council Report dated September 25, 2006
2. City Council Report dated March 1, 2016
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Paul Samaras, Acting Planning Manager.
REVIEWED BY: Sam Lee, Director of Planning and Building Safet
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
I. Introduction
On March 1, 2016, the City Council discussed an item regarding the 2006 adoption of the
Single - Family Residential (R -1) Zone development standards. Since approximately 10
years have passed from the adoption of the R -1 development standards, the Council
directed staff to return with a report on the impacts of the changes. Specifically, the
Council requested the following information:
• Number of new single - family residences built in the past 10 years in the City;
• Number of new single - family residences built in the 10 years prior to the 2006 code
amendment;
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Number of major remodels and substantial additions in the past 10 years in El Segundo;
and,
Floor area ratio and lot coverage requirements in El Segundo and other nearby cities.
In response to the City Council's direction, Staff has conducted the research and is
presenting the data to the Council for its consideration and direction.
II. Background
On October 3, 2006, the Council adopted Ordinance No. 1401 amending the development
standards of the Single - Family Residential (R -1) Zone and other sections of the El Segundo
Municipal Code (ESMC). The review and approval process lasted approximately 17
months and included several community workshops, along with Planning Commission and
City Council hearings. The adopted amendments include, but are not limited to the
following:
1. Increased the side setback for homes from 10 percent of the width of a lot with a
maximum of 5 feet, to 10 percent of the width of a lot with a maximum of 6 feet.
2. Allowances for front setback encroachments for homes using architectural design
features, such as bay windows, trellises, pergolas, certain patio covers, decks, porches
and courtyards. Previously, no encroachments were allowed in the front setback.
3. Established a floor area ratio (FAR) of 0.53 for lots 40 feet or wider in width.
4. Established building wall modulation requirements along the sides of second stories,
thereby requiring portions of second stories to be setback from the first story a
minimum 4 feet and up to a maximum 6 feet. Previously, no modulation was required.
5. Amended lot coverage to encourage single -story buildings by increasing it from 47%
to 60% on lots where the height of all structures is less than 18 -feet; from 40% to 43%
on lots with a combination of one- and two -story structures, provided that 60% of the
building area does not exceed 18 -feet in height; and limited lot coverage to 35% on
lots where all buildings and structures are taller than 18 -feet.
6. Allowed two -story detached accessory structures, and increased the allowable height
from 14 -feet, to 26 -feet high.
7. Increased side setbacks for detached accessory structures and detached garages in the
rear 1/3 of the lot from zero -lot line to 2 -foot side setback on first floor and 5 -foot
setback for second floor. Further, allowed roof decks on said structures and garages.
8. Increased rear setbacks for detached accessory structure from zero -lot line to 3 -foot
setback on the first floor and 5 -foot setback for second floor.
9. New garage design and orientation requirements, including additional setback for
direct access (front entry) garages. Previously, direct access garages were required to
provide the minimum setback as the residence.
10. Established a minimum landscaping requirements in the front yard setback.
Generally, these amendments were intended to minimize bulk and mass of two -story
homes, encourage architectural elements and features in accordance with the goals and
policies of the City's General Plan.
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III. Analysis
In response to the City Council's March 1't direction, Staff has conducted research and
compiled data regarding the number of new single- family residences and major
remodels /additions built in the past 10 years and in the 10 years prior to the 2006 code
amendment; and, conducted a comparison of the floor area ratio and lot coverage
requirements in El Segundo and other cities.
New Single-Family Residences built in the last 10 years
According to Staffs research, there have been 70 new or major additions to single- family
residences constructed since Ordinance No. 1401 went into effect on November 3, 2006 (9
'/z years ago).
New Sinmle-Familx Residences built in the 10 gars prior to the 2006 amendment
According to Staffs research, there were 109 new or major additions to single - family
residences constructed in the 10 years prior to Ordinance No. 1401. The data suggests that
there was a decrease in the number of new home construction and major additions /remodels
in the City. However, this drop in construction activity is consistent with construction
activity levels state -wide (California Department of Finance — Financial and Economic
Data).
Development standards (FAR and Lot Coverage) used by other cities
In reviewing other cities in L.A. County, including nearby cities, Staff found that cities
either use a defined maximum structure size, a floor area ratio (FAR), or a hybrid of FAR.
Table No. 1 illustrates 10 cities in the area and the methodologies used to limit and control
structure size and lot coverage.
Of the cities that use FAR, it is common that the FAR is greater than 0.5, regardless of the
base zoning district. For example, the FAR in the City of Torrance is 0.6, which results in
a maximum structure size equivalent to 60% of the total lot size; El Segundo's 0.53 FAR
results in a maximum structure size equivalent to 53% of the total lot size, etc. Other cities
like Palos Verdes Estates and Manhattan Beach use a hybrid FAR, where FAR limits the
structure size, but under certain circumstances a fixed square footage above the FAR is
allowed.
TABLE NO. 1
CITY
E1Segundo
DEVELOPMENT STANDARD
Structure Size
FAR is 0.53
The FAR requirement excludes
garages and square footage of
second dwelling units and
basements where at least eighty
percent (80 %) of the exterior
perimeter walls of the second
dwelling unit or basements are fully
below natural grade.
Lot
Maximum varies: 35 %,
43% and 60%
(Incentive to encourage 1
story or partial 1 story
construction)
Modulation
Yes
Second story modulation
required along sides.
15% of first floor area divided
equally on both sides, minimum
4 feet, maximum 6 feet.
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W"
DEVELOPMENT STANDARD
CITY
Structure Size
Lot Coverage
Modulation
No FAR requirement/limit.
Hawthorne
Maximum structure size is limited
52% maximum
No
by lot coverage, height and setbacks
Hermosa
No FAR requirement/limit.
Beach
Maximum structure size is limited
65% maximum
I No
by lot coverage, height and setbacks
FAR 1.6 & 1.7 for beach area.
Inland area FAR is 0.7 for lots
less than 4,800 square feet; and
0.65 plus 240 square feet for lots
greater than 4,800 square feet.
The total enclosed area of all stories
of a building, measured to the outside
Manhattan
face of the structural members in
50% maximum
No
Beach
exterior walls, and thirty percent
(30 %) of the area of all basements of
a building that are not entirely below
local grade, and including halls and
the area of the stairs. Floor area under
stairs, portions of a basement that are
entirely below grade, and garages are
excluded
No maximum lot
Yes
coverage if lot is less than
2 "d floor regulated by setback
FAR is 0.30 plus 500 square feet
7,200 square feet.
encroachment plane sloping
Habitable attic spaces that are less
For lots greater than 7,200
upward and inward to the site at
Pasadena
than 60% of the building footprint and
square feet, 35%
a 30- degree angle measured
basements are not considered floor
maximum lot coverage,
from the vertical, commencing
area.
If all structures are 1-
six feet above the existing
story, then maximum lot
grade along the interior side
coverage is 40 %.
property line.
Yes
Up to 52% maximum,
Rancho Palos
Max structure size based on
depending on which
2na floor design based on
Verdes
neighborhood compatibility analysis
single- family residential
bulk/mass assessment through
zone
neighborhood compatibility
anal sis
FAR is 0.65 (0.8 may be permitted
Yes
with all bonuses including
Redondo
ste back of second story).
p
No maximum lot
Administrative design review
Beach
Includes the gross floor area of a
area
for second story.
building or buildings on a lot. The
coverage
FAR bonus granted if second
gross floor area includes covered
floor side is setback a minimum
enclosed porches.
of 8'
Yes
Rolling Hills
Maximum structure size is based on
35% maximum
Any portion taller than 14'
Estates
neighborhood compatibility analysis
must be setback F from facade
for eve 1' above 14'
Maximum structure size is limited
Maximum permitted lot
Yes
Santa Monica
by lot coverage, height and setbacks
coverage increased to
50% if the residence is
W"
IV. Conclusion
After compiling and reviewing the requested information, Staff believes there are three
elements to this discussion:
The R -1 Zone development standards can be improved by cleaning -up and clarifying
existing language; using consistent terminology; altering and adding diagrams; clearly
defining applicability of certain development standards; and adding appropriate
references to other section of the ESMC. This clean -up ordinance would not introduce
any new development standards and uses. The ordinance would be considered by the
Planning Commission and the City Council.
2. The R -1 Zone modulation standards are confusing and are onerous to property
owners /developers, in that they lead to a) difficulties in design and b) increased
construction costs. Staff would like to work with the Planning Commission to develop
changes to the modulation requirements. These amendments would simplify, reduce,
or eliminate the modulation requirement. This item can be incorporated in the clean-
up ordinance referenced above.
3. As discussed above in Section II, the R -1 Zone development standards adopted in 2006
were intended to minimize bulk and mass of two -story buildings and residences; and
to encourage architectural elements and features in accordance with the goals and
policies of the City's General Plan. The standards were the result of extensive research
that included a lengthy 17 -month public participation and public hearing process. Staff
5
17
DEVELOPMENT STANDARD
CI'T'Y
Structure Size
Lot Coverage
Modulation
one story, no taller than
Front and Rear 2" floor:
18 -feet.
average amount equal to 4% of
parcel depth but no more than
10' required
Side 2nd floor: Any portion of
structure taller than 14' up to
21' must be setback F from
fagade for every 2'4" above
14'.
If structure is taller than 21',
then no projections into a 45-
degree angle inward from 21
feet above side PL.
FAR 0.60
Includes all building areas, measured
50% maximum if lot is
from outside wall to outside wall,
developed with a 1 -story
yes
such as detached accessory structures,
residence.
Torrance
habitable attic area, volume areas, and
40% maximum if lot is
Only for rear. Rear 2111 floor
stairwells, but excluding basements,
developed with a 2 -story
setback is 20'
covered porches, patios and balconies
enclosed on not more than two (2)
residence.
sides, and, chimneys.
IV. Conclusion
After compiling and reviewing the requested information, Staff believes there are three
elements to this discussion:
The R -1 Zone development standards can be improved by cleaning -up and clarifying
existing language; using consistent terminology; altering and adding diagrams; clearly
defining applicability of certain development standards; and adding appropriate
references to other section of the ESMC. This clean -up ordinance would not introduce
any new development standards and uses. The ordinance would be considered by the
Planning Commission and the City Council.
2. The R -1 Zone modulation standards are confusing and are onerous to property
owners /developers, in that they lead to a) difficulties in design and b) increased
construction costs. Staff would like to work with the Planning Commission to develop
changes to the modulation requirements. These amendments would simplify, reduce,
or eliminate the modulation requirement. This item can be incorporated in the clean-
up ordinance referenced above.
3. As discussed above in Section II, the R -1 Zone development standards adopted in 2006
were intended to minimize bulk and mass of two -story buildings and residences; and
to encourage architectural elements and features in accordance with the goals and
policies of the City's General Plan. The standards were the result of extensive research
that included a lengthy 17 -month public participation and public hearing process. Staff
5
17
believes that this is a more complex and potentially controversial issue that warrants a
dedicated public outreach effort.
RECOMMENDATION:
1. Discuss and review the development standards for the Single - Family Residential R -1
Zone;
2. Direct staff to prepare a Zoning Code amendment (and associated environmental
documents) that will clarify the R -1 Zone development standards and improve
modulation requirements for the Planning Commission's and City Council's
consideration;
3. Direct staff to separately study other elements of the R -1 Zone (as discussed above)
and present possible other changes to the R -1 Zone at a later date; and /or,
4. Alternatively, discuss and take other action related to this item.
M.-I
EL SEGUNDO CITY COUNCIL MEETING DATE: September 25, 2006
AGENDA ITEM STATEMENT AGENDA BEADING: Special Orders of Business
AGENDA DESCRIPTION:
Consideration and possible action regarding the introduction and first reading of an Ordinance
amending El Segundo Municipal Code ( "ESMC ") Chapters 15 -4A (the Single - Family
Residential (R -1) Zone Site Development Standards); 15 -1 (Definitions); 15 -2 (Open Space
Encroachments); and 15 -15 (Parking Standards to allow the Use of Vehicle Lifts in the Single -
Family Residential (R -1) and Two - Family Residential (R -2) Zones). (Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1) Continue the Council's deliberations on this item from its regular meeting of September
19, 2006;
2) Discussion;
3) Introduce and waive first reading of an Ordinance amending ESMC Chapters 15 -4A
(Single- Family Residential (R -1) Zone Site Development Standards); 15 -1 (Definitions);
15 -2 (Open Space Encroachments); and 15 -15 (Parking Standards to allow the Use of
Vehicle Lifts in the Single- Family Residential (R -1) and Two - Family Residential (R -2)
Zones);
4) Schedule second reading and adoption of Ordinance on October 3, 2006; and /or
5) Alternatively, discuss and take other action related to this item.
BACKGROUND & DISCUSSION:
At its September 19, 2006 City Council meeting, the City Council directed Planning and
Building Safety staff to modify the draft Ordinance to amend the Single - Family Residential (R-
1) Zone Site Development Standards, Definitions, Open Space Encroachments and the
„ page )
AHED SUPPORTING DOCUMENTS: (Continued on next
1. Draft Ordinance
FISCAL IMPACT: None
Operating Budget: NIA
Amount Requested. NIA
Account Number: NIA
Project Phase: NIA
Appropriation Required: Yes X No
;, .
2= Dr Chicols, Interim
REVIEWED BY: f
rector of Plannin
i
, City Manager
i
> e�_ 02 -7
and Buildin Safe
DATE: f 2 X
1
STAFF REPORT: September 25, 2006 Page 2
BACKGROUND & DISCUSSION: (cont.
Parking Standards to allow the Use of Vehicle Lifts and continued its deliberation on this
agenda item to Monday, September 25, 2006 at 5:00 p.m.
The Council requested modifications to the proposed ESMC amendments are provided in
the attached draft ordinance in highlighted "strike -out, underline text" to indicate the
language that is being removed (text in strike -out) and the language that is being added
(underlined text).
The Council directed modifications to the draft Ordinance include:
1. Modifying the proposed height limit for two -story accessory structures to allow
accessory structures to be the same height as for the primary dwelling. For new
primary dwellings (on lots greater than 25' in width) the maximum height would be
26' and accessory dwellings would therefore have the same height limitation. For
existing, legal nonconforming buildings that exceed 26', a new accessory building
could be built to the same height as the existing primary building.
2. Lots that are 25 feet wide or less are exempt from the new site development
standards but must still comply with the existing regulations in the ESMC and
cannot use the new site development standards. To distinguish such lots from
larger ones, a new Section 15 -4A -6A is proposed to be added to the ESMC which
would constitute a re- codification of the existing regulations.
3. Exempting lots that are 40 feet or less in width from modulation requirements.
4. Providing a setback exception to the required maximum side yard setback if the
requirement is greater than five (5) feet for single -story additions or two -story
additions to dwellings that do not exceed 500 square feet.
5. Eliminating the proposed requirement to have 3 individual garage doors for 3 -car
garages. Instead the regulations would allow for two garage doors.
6. Allowing partially enclosed outdoor accessory showers to have a shower door in
addition to walls on three sides.
7. Reducing the proposed floor area ratio (FAR) to .5125:1.
8. Modifying the parking regulations to limit the use of vehicle lifts to:
a) parking that is in excess of the minimum number of spaces required in
the Single - Family Residential (R -1) Zone and the Two - Family
Residential (R -2) Zone, and
b) parking that is required in the Two- Family Residential (R -2) Zane in
addition to a fully enclosed two -car garage (3rd and 41h parking spaces).
A conditional use permit is required for using such vehicle lifts.
9. Causing completed applications, as determined by the Planning and Building Safety
Director, submitted within 30 days after the Ordinance is adopted to be exempt from
the new regulations.
The revised draft Ordinance also includes a correction for a typographical error and a
portion of a sentence that was inadvertently omitted on the top of page 14 that relates to
the exclusion of basements from the floor area ratio requirement. The proposed
percentage of the exterior perimeter walls that must be fully below natural grade was
supposed to be 80% not 70% per the Council's original recommendation at the May 16,
0U ;
a
f
WE
STAFF REPORT: September 25, 2006 Page 3
BACKGROUND & DISCUSSION: Cont.
2006 Council meeting. The sentence has been corrected to read: "The floor area ratio
re uirement would exclude second dwelling units and basements where at least eighty
percent (80 %) of the exterior perimeter walls are fully below natural grade." The portion of
the sentence that was missing is underlined.
General Plan Consistency
The proposed changes to the ESMC would conform to the General Plan as described
within the Ordinance.
Environmental Review
In accordance with the Public Resources Code and the California Environmental Quality
Act (CEQA) Guidelines, the proposed ordinance as revised is categorically exempt from
the requirements of the California Environmental Quality Act (CEQA) pursuant to
Categorical Exemption 15301 (Class 1— Existing Facilities); Categorical Exemption 15303
(Class 3- New Construction or Conversion of Small Structures); and Categorical Exemption
15304 (Class 4 — Minor Alterations to Land).
Recommendation
Staff recommends that the City Council introduce and have first reading of the attached
draft Ordinance. Second reading and adoption of the Ordinance would occur on October
3, 2006.
PAPlanning & Building Safety \PROJECTS1675- 7001EA -6851Council Docs12006,09.25.EA -685CC.SR.doc
n
lJ t�
21
EL SEGUNDO CITY COUNCIL MEETING DATE: March 1, 2016
AGENDA ITEM STATEMENT AGENDA HEADING: Council Member Fellhauer
AGENDA DESCRIPTION:
Consideration and possible action to direct staff to return with a report on the impact of the changes
to the city's R -1 Ordinance from 2006. (Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Direct staff to initiate the study and provide a report.
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
PREPARED BY: Marie Fellhauer, Council Member
REVIEWED BY:
APPROVED BY: Greg Carpenter, City Manager, 1C
BACKGROUND & DISCUSSION:
In 2006, the City Council adopted a comprehensive update of the El Segundo Municipal Code
regulating the single family residential zone (R -1). With real estate and construction activity increasing
in El Segundo and the southbay region as a whole, residents and potential developers are raising
questions about the impact of the changes from a decade ago and feels that it may be time to evaluate
the history and consider modifications moving forward.
I would request that staff return with a report on the impact of the changes. Examples of items to report
are as follows:
• Number of new homes built in the past 10 years in El Segundo.
• Number of new homes built in the 10 years prior to the R -1 Ordinance.
• Number of major remodels and substantial additions in the past 10 years in El Segundo.
• Floor area ratio requirement in El Segundo compared to other nearby cities.
• Lot coverage requirement in El Segundo compared to other nearby cities.
I would also like to direct staff to hold a community meeting with residents and local developers to
receive feedback and recommendations and include their responses in the report back to council.
87
22
EL SEGUNDO CITY COUNCIL MEETING DATE: April 5, 2016
AGENDA STATEMENT AGENDA HEADING: Unfinished Business
AGENDA DESCRIPTION:
Consideration and possible action to amend certain deadlines in the Due Diligence and Lease
Agreement ( "Agreement ") entered into between the City of El Segundo and the CenterCal LLC
regarding the Lakes golf course and driving range. The Agreement provides for making certain
changes and improvements to the golf course and turning the driving range into a Top Golf
facility.
(Fiscal Impact: $0)
RECOMMENDED COUNCIL ACTION:
1. Authorize the Mayor to execute an amendment to the Agreement in a form approved
by the City Attorney for purposes of extending certain deadlines in the Agreement; or
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT: None
Amount Budgeted: $0
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Mark Hensley, City Attorney
REVIEWED BY: OA
APPROVED BY: Greg Carpenter, ity Manager
BACKGROUND AND DISCUSSION:
On February 2, 2016, the Agreement was executed and became effective. Staff and Center Cal
are currently working through a number of issues including:
• Review and selection of a conceptual design of the golf course.
• Parking studies to determine the appropriate parking space count for the combined Lakes
and Top Golf facility.
• Discussions with Chevron to reach an agreement related to the use restrictions of the
property.
Over the course of the past weeks it has become apparent that certain due diligence conditions in
the Agreement will take some additional time to complete. It is not anticipated that providing
additional time to complete these conditions will delay the overall completion of the facilities.
The City Manager is recommending that the Agreement be amended to extend these deadlines.
23
The City Manager is recommending that the Agreement be amended to extend these deadlines.
The deadline related to approval of the exceptions to the title report was anticipated to take 30 to
60 days. The title report has over 50 exceptions identified in it which will required additional
time to locate the records related to the exceptions and, where necessary, resolve the exceptions.
It is requested that this deadline be extended to six months.
Another due diligence condition relates to the Southern California Edison ( "SCE ") easement
power line easement that runs through the golf course and behind the driving range. It was
originally anticipated that it would take sixty days to work with SCE to extend the license
agreement that allows for the use of the golf course and driving range. The license is currently
set to expire June of 2021. The parties now believe it will take up to six months to negotiate and
document and extension of the license agreement and request that the Council approve of such.
Under the agreement, the City has 60 days to conduct a review of Center Cal's and Top Golf's
financial ability to construct the improvements and for Top Golf to operate the facility. The city
has contracted with an independent financial analyst and Center Cal has agreed to reimburse the
City for these services. The review is scheduled to commence this month and staff suggests that
this deadline be extended by 60 days.
Finally, Center Cal's land use applications relating to proposed development were due to be
submitted to the City within 90 days. Center Cal is requesting that this deadline be extended by
forty -five days.
24
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25
CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
3/6116 THROUGH 3120/16
_ Da— te—
P—�Le
Description
3/8/2016
Cal Pers
503,376.60
EFT Health Insurance Payment
3110/2016
West Basin
1,750,524.88
H2O payment
3/1112016
Health Comp
3,828.22
Weekly claims
3/11/2016
Manufacturers & Traders
52,429.52
457 payment Vantagepoint
3/11/2018
Manufacturers & Traders
477.31
ROTH IRA payment Vantagepoint
3/11/2016
South Bay Credit Union
10,200.38
Payroll credit union deduction pmt
3/11/2016
Nationwide NRS EFT
52,724.91
EFT 457 payment
3/11/2016
State of CA EFT
982.68
EFT Child support payment
3/14/2016
IRS
239,732.02
Federal 941 Deposit
3/14/2016
Employment Development
3,286.89
State SDI payment
3/14/2016
Employment Development
48,129.65
State PIT Withholding
3/15/2016
Southern California Edison
3,196.72
Richmond Street Project
3115/2016
Southern California Edison
10,635.75
Richmond Street Project
3/16/2016
Cal Pers
95,764.47
EFT Retirement Misc
3/16/2016
Cal Pers
276,326.39
EFT Retirement Safety
3/16/2016
Cal Pers
3,896.15
EFT Retirement Safety- Police
3/16/2016
Cal Pers
23,274.06
EFT Retirement Misc
3/16/2016
Cal Pers
17,435.23
2016 Replacement Benefit Contributions
3/18/2016
Health Comp
2,490.51
Weekly claims
3/17/2016
Lane Donovan Golf Ptr
20,160.86
Payroll Transfer
3/4/16- 3/13/16
Workers Comp Activity
29,127.04
SCRMA checks issued
3/4/16 - 3/13/16
Liability Trust - Claims
0.00
Claim checks issued
3.148,000.24
DATE OF RATIFICATION: 3/17/16
TOTAL PAYMENTS BY WIRE:
3,148,000.24
,Certified as to the accuracy of the wire transfers by:
Deputy City Treasur r II Date
-3 °-0-a- I to
Date
—..
Date
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
PACity TreasurerlWire Transfers0ire Transfers 10 -01.15 to 9.30-16 3/17/2016 1/1
26
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, MARCH 15, 2016 — 5:00 PM
5:00 P.M. SESSION
CALL TO ORDER — Mayor Fuentes at 5:00 PM
ROLL CALL
Mayor Fuentes -
Present
Mayor Pro Tern Jacobson -
Present
Council Member Atkinson -
Present
Council Member Fellhauer -
Present
Council Member Dugan -
Present
PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) None
Mayor Fuentes announced that Council would be meeting in closed session pursuant to
the items listed on the Agenda.
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 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(d)(1): -4- matter
1. City of El Segundo vs. City of Los Angeles, et.al. LASC Case No. BS094279
2. Li v. City of El Segundo, et all, LAXC Case No. BC605728
3. Fowler v. City of El Segundo, WCAB Adj. No9487616
4. Simonek v. City of El Segundo, USDC CV15 -9190
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(d)(2): -1-
matter.
Regular City Council Meeting Minutes
March 15, 2016
27
W
Initiation of litigation pursuant to Government Code §54956.9 (d)(4): -1- matters.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -0- matter
APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957): -0- matter
PUBLIC EMPLOYMENT (Gov't Code § 54957) -0- matter
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6):-6-
matters
Employee Organizations: Police Management Association; Police Officers
Association; Police Support Services Employees Association; Supervisory and
Professional Employees Association; City Employees Association; Executive
Management Group (Unrepresented Group).
Agency Designated Representative: Steve Filarsky and City Manager
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0-
matters
Regular City Council Meeting Minutes
March 15, 2016
2
WQ
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, MARCH 15, 2016 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor Fuentes at 7:00 PM
INVOCATION — Pastor Lee Carlile, United Methodist Church
PLEDGE OF ALLEGIANCE — Council Member Atkinson
PRESENTATIONS
a) Presentation by Chief Tavera, El Segundo Police Department, recognizing Ron
Griffin for assisting the Police in capturing two burglary suspects.
b) Presentation by Crista Binder, Treasurer and Dino Marsocci, Deputy City
Treasurer II, on the City Treasurer's Quarterly Investment Portfolio Report.
c) Presentation by Meredith Petit, Recreation and Parks Director and Jesse
Bobbett, Recreation Superintendent, on the Park's participation in the Los
Angeles County Park Needs Assessment and results of a community survey
concerning the City's parks.
ROLL CALL
Mayor Fuentes -
Present
Mayor Pro Tern Jacobson -
Present
Council Member Atkinson -
Present
Council Member Fellhauer -
Present
Council Member Dugan -
Present
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total)
Mike Robbins, resident, reminded the community to vote on April 12, 2016, commented
on the fees charged transport to residents to the hospital in an emergency, commented
on the golf course and range proposed 50 year lease and commented on item #F10.
Talia Gerard, Tree Musketeers Youth President, thanked all for another successful
Arbor Day held on March 5, 2016.
CITY COUNCIL COMMENTS — (Related to Public Communications)
A. PROCEDURAL MOTIONS
Regular City Council Meeting Minutes
March 15, 2016
WE
Consideration of a motion to read all ordinances and resolutions on the Agenda by title
only.
MOTION by Mayor Pro Tern Jacobson, SECONDED by Council Member Fellhauer to
read all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
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.
1. Approve Warrant Numbers 3010017 through 3010222 on Register No. 11 in the
total amount of $781,475.62 and Wire Transfers from 2/22/2016 through
3/6/2016 in the total amount of $874,114.29. 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. Approve the Regular City Council Meeting Minutes of March 1, 2016.
3. Authorize the City Manager to execute a standard Public Works Contract No. , in
a form approved by the City Attorney, with Ramona, Inc. in the amount of
$1,388,300.00 and approve an additional $208,245.00 for construction - related
contingencies and authorize the City Manager to execute a standard Public
Works Professional Services Agreement No. 4999 in a form as approved by the
City Attorney with AKM Consulting Engineers in the amount of $144,242.00 for
construction inspection and geotechnical (compaction) oversight and testing, and
approve an additional $10,000.00 for related contingencies.
(Fiscal Impact: $1,750,787.00)
4. Adopt Resolution No. 4970 approving Plans and Specifications for Pavement
Resurfacing of East Imperial Highway in the City of El Segundo between
Sepulveda Boulevard and Aviation Boulevard and authorize staff to advertise the
project for receipt of construction bids. (Project No.: PW 16 -10)
(Fiscal Impact: $728,427.00)
5. Adopt Resolution No. 4971 approving Plans and Specifications for the Sewer
Main Repairs at Indiana, Pine, Illinois and Mariposa and authorize staff to
advertise the project for receipt of construction bids. Project No. PW 16 -01.
Regular City Council Meeting Minutes
March 15, 2016
4
WE
(Fiscal Impact: $2,000,000.00)
6. Receive and file this report regarding emergency work to repair dwelling units at
the Park Vista Senior Housing Facility due to water intrusion without the need
for bidding in accordance with Public Contracts Code §§ 20168 and 22050
and El Segundo Municipal Code ( "ESMC ") §§ 1 -7 -12 and 1 -7A -4.
(Fiscal Impact: $50,000.00)
7. Accept grant funding from the United States Department of Homeland Security,
Federal Emergency Management Agency, Grants Program Directorate (DHS)
under Fiscal Year 2015 Urban Area Security Initiative Grant Program (UASI) to
pursue regional training and procure necessary Urban Search and Rescue
(USAR) equipment and authorize the City Manager to sign an Agreement No.
5000 with the City of Los Angeles who will serve as the grant administer for the
grant.
(Fiscal Impact: $35,700.00)
8. Adopt Resolution No. 4972 authorizing the City Manager to submit annual
applications to the California Department of Resources Recycling and Recovery
for Beverage Container Recycling City /County Payment Programs, execute all
grant documents and accept and spend any and all grant funds awarded to the
City.
(Fiscal Impact: $Approximately $5,000.00 in annual Receipt of Grant Funds)
9. Authorize the City Manager to execute an agreement no. 5001 with HealthComp,
as approved to form by the City Attorney, to administer the City's Retiree Health
Reimbursement Account and approve additional funding for Fiscal Year 2015 -16
for related administrative fees.
(Fiscal Impact: $4,000.00)
MOTION by Council Member Fellhauer, SECONDED by Council Member Dugan to
approve Consent Agenda items 1, 2, 3, 4, 5, 6, 7, 8, and 9. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
F. NEW BUSINESS
Regular City Council Meeting Minutes
March 15, 2016
31
10. Change the employee group that retired and current City Council Member's
Public Employees' Medical and Hospital Care Act ( "PEMHCA ") medical benefits
are tied to from the Executive Management Group to the Police Support
Services Employees' Association ( "PSSEA ") to approximately maintain the
PEMHCA medical benefits currently provided to the retired and current elected
officials. Continue to have the City Clerk and Treasurer tied to the Executive
Management group for PEMHCA medical benefits (reducing their medical
benefits from $1200 per month to $125 per month) but increase their
respective monthly stipends by $1,075 per month to offset the reduction in
medical benefits. These potential actions arise from a change made to the
Executive Management Group's medical benefits that adversely affects the
retired and current elected officials' medical benefits.
(Fiscal Impact: Approximate monthly savings of $7590.79 if the Council
continues to be tied to the Executive Management Group and $157.16 if the
Council is tied to the PSSEA. The change to the City Clerk's and Treasurer's
medical benefit and stipend have no net fiscal impact.)
Mark Hensley, City Attorney, introduced and clarified the item.
Council Discussion
MOTION by Council Member Atkinson, SECONDED by Mayor Pro Tem Jacobson to
change the employee group that the retired and current Council Members' PEMHCA
medical benefits, are tied to from the Executive Management Group to PSSEA and
continue to have the City Clerk and Treasurer tied to Executive Management Group for
PEMHCA medical benefits (reducing their medical benefits from $1200.00 per month to
$125 per month) and adopt Resolution No. 4973, increasing their respective monthly
stipends by $1,075.00. MOTION PASSED BY VOICE VOTE. 3/2 YES: Atkinson,
Fuentes, Jacobson NO: Dugan, Fellhauer
G. REPORTS — CITY MANAGER — Mentioned Council passed over $4.5 million in
infrastructure projects on the Consent Agenda this evening. The City was able to do so
due to water funds, sewer funds and Federal and State Grants. Mr. Carpenter credits
this to the increased engineering staff, we were not in a position to do this several years
ago. The Council Chamber is getting a makeover in the next several weeks. Thanked
Misty Cheng for her role as Interim Finance Director over the last 10 months and
introduced the City's new Finance Director, Joe Lillio.
H. REPORTS — CITY ATTORNEY - None
I. REPORTS — CITY CLERK
Regular City Council Meeting Minutes
March 15, 2016
6
32
11. Consideration and possible action regarding the City's plan to consolidate future
municipal elections with the statewide election in light of Senate Bill 415.
(Fiscal Impact: None)
Tracy Weaver, City Clerk and Mona Shilling, Acting Deputy City Clerk II gave a
presentation and answered Council questions concerning SB 415.
Council Discussion
MOTION by Council Member Fellhauer, SECONDED by Council Member Atkinson
directing staff to prepare a plan to consolidate future elections with the statewide
election no later than the November 8, 2022 election, with the plan to be brought back
to the City Council for its consideration by mid -2017. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
J. REPORTS — CITY TREASURER — Report given during presentations.
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Fellhauer —
12. Consideration and possible action to direct staff to analyze and report back on
traffic issues at the intersection of Main Street and Maple Ave.
(Fiscal Impact: None)
Council Member Fellhauer introduced the item.
Mitch Tavera, Chief of Police and Stephanie Katsouleas, Public Works Director gave a
presentation and answered Council questions.
Council Discussion
Council consensus directed staff to implement less expensive safety measures
immediately and report back with a broader strategy for Main Street with respect to
traffic and pedestrian safety and report what the expenses associated with the
suggested safety measures. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
Council Member Atkinson — Thanked the residents for attending the forums.
Council Member Dugan — None
Mayor Pro Tern Jacobson — Mentioned the forums are broadcast on our YouTube
channel and the City's website.
Regular City Council Meeting Minutes
March 15, 2016
7
33
Mayor Fuentes — Mentioned the meetings she attends as Mayor, partnering with
businesses and that the El Segundo Air Force Base inducted both the Mayor and Chief
Tavera as honorary Commanders. Announced the State of the City address will take
place April 6, 2016 at the Air Force Base in the Gordon Conference Center.
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total)
Mike Robbins, resident, commented on item #F10, commented on the fees charged to
transport residents to the hospital in an emergency and commented on item #111.
Jack Axelrod, resident, commented on various items of concern, including the recent
forums, threats facing the City and the low voter turnout.
Dr. Antonio Mendez, resident, commented on the emergency services offered to
residents in an emergency. Encouraged residents not to bypass the services offered by
our emergency departments.
MEMORIALS — None
ADJOURNMENT at 8:50 PM
Tracy Weaver, City Clerk
Regular City Council Meeting Minutes
March 15, 2016
34
EL SEGUNDO CITY COUNCIL MEETING DATE: April 5, 2016
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding a thirty (30) day provisional appointment
extension for the position of Interim Deputy City Clerk II in the City Clerk's office.
(Fiscal Impact: $)
RECOMMENDED COUNCIL ACTION:
1. Approve the thirty (30) day provisional appointment extension for the position of
Interim Deputy City Clerk II;
2. Alternatively, discuss and take other actions related to this item.
ATTACHED SUPPORTING DOCUMENTS:
El Segundo City Code Section 1 -6 -13
FISCAL IMPACT: $
Amount Budgeted: None
Additional Appropriation: N/A
Account Number(s):
ORIGINATED BY: Tracy Weaver, City Clem
REVIEWED BY: Tracy Weaver .ty Clerk
APPROVED BY: Greg Carpent�ty Manager
BACKGROUND AND DISCUSSION:
The City Clerk's office is requesting a 30 day extension for the interim position of Deputy City
Clerk II. Mona Shilling has been acting Deputy City Clerk II since January 2015 due to the
retirement of Cathy Domann, who held the position for over 13 years. While serving in this
acting capacity, Ms. Shilling has been working towards obtaining the Certified Municipal Clerk
designation. The City Clerk is now in the process of testing for this position and expects to fill
the vacancy by the end of April 2016.
In accordance with El Segundo City Code (ESCC) Section 1- 6- 13(c), no person shall be
employed by the City under provisional appointment for more than six (6) months in any fiscal
year. The Code further states the provisional appointment may be extended for not more than
thirty (30) days with Council approval. Staff is requesting a thirty (30) day extension through
April 30, 2016 as it is the Clerk's Office intent to fill this vacancy by this date.
19
35
1 -6 -12
restored to the same employment list
from which the original appointment
was made and in the same rank as
when the original appointment was G
made.
F. Request For Certification: When re-
quest for certification from an employ-
ment list has been received, certifica-
tion shall be made in conformance
with the following provisions:
1. If a re- employment list exists for the
class, the highest name on the list
shall be certified for each vacancy to
be filled. Promotional and /or open
employment lists shall not be certified
if there are any names on the re -em-
ployment list for the class.
2. If there are less than three (3) qual-
ified names on the promotional list,
the appointing power may request
additional highest one or two (2)
names to be certified from the open
competitive list if the list exists.
3. If no re- employment or promotional
lists exist, the Personnel Officer shall
certify to the department head from
the open competitive employment list
as prescribed in subsection 1 -6 -9B of
this Chapter.
4. Except for re- employment lists,
when all appropriate employment lists
for a class contain a total of fewer
than three (3) names, the department
head may, with approval of the City
Manager, make provisional appoint-
ments until additional names are se-
cured through another examination.
5. No person shall be appointed to
any classified service position unless
that person has the qualifications for
1 -6 -13
the position as set forth in the specifi-
cations for the class.
Expiration Of Lists: Employment lists
shall expire at such time as the Per-
sonnel Officer determines; provided,
that:
1. Names shall remain on the re -em-
ployment list for a period of not less
than three (3) years;
2. Promotional and open competitive
lists shall have an expiration date of
one year unless otherwise announced
in the notice of examination. (Ord.
586, 4 -10 -1962)
1 -6 -13: APPOINTMENT IN CLASSI-
FIED SERVICE:
A. Basis For Appointments: Appoint-
ments and promotions to vacant posi-
tions in the classified service shall be
based on merit and fitness to be as-
certained insofar as practicable by
competitive examination. Appoint-
ments and promotions shall be made
by the City Manager upon recommen-
dation of the various department
heads.
B. Names Transmitted By Personnel
Officer: When appointments and pro-
motions are to be made to vacancies
in the classified service, the names of
the highest eligible persons willing to
accept appointment shall be transmit-
ted by the Personnel Officer to the
department head in the order in which
they appear on the list as follows: for
one vacancy the names of three (3),
for two (2) or secondary vacancies the
names of five (5), for each additional
or each subsequent vacancy, three (3)
City of El Segundo
36
1 -6 -13
additional names shall be submitted
and appointment shall be limited to
any of these eligible persons.
C. Provisional Appointment: In the ab-
sence of appropriate employment
lists, a provisional appointment may
be made of a person meeting the
qualifications established for the clas-
sification. Any employment list shall
be established within six (6) months,
for any permanent position filled by
provisional appointment. No person
shall be employed by the City under
provisional appointment for a total of
more than six (6) months in any fiscal
year except that the City Manager
may, with approval of the City Council,
extend the period of any provisional
appointment for not more than thirty
(30) days by any one action.
D. Special Credit Not Allowed: No special
credit shall be allowed in any exami-
nation or the establishment of any
employment or promotional lists, for
service rendered under a provisional
appointment.
E. Temporary Appointments: Appoint-
ments to temporary, emergency and
seasonal positions may but need not
be made from eligible lists and those
appointed shall not be in the classified
service. Appointments of this type
shall include temporary employment
for the replacement of employees on
leave of absence other than military
leave, or vacation, emergency ap-
pointments to meet emergencies
which threaten life, property or the
general welfare of the City, or for work
seasonal in nature.
F. Filling Vacancy During Suspension:
During the period of suspension of
1 -6 -14
any employee, or pending final action
on proceedings to review the suspen-
sion, demotion or dismissal of an
employee, the vacancy created may
be filled only by temporary appoint-
ment.
& Transfer: With the approval of the City
Manager, an employee may be trans-
ferred by the department head from
one position to another position in the
same class or a comparable class at
the same salary level. If the transfer
involves a change from one depart-
ment in the classified service to an-
other department in the classified
service, the department heads and the
employee involved must consent
thereto before the action shall be
considered effective. Transfers shall
not serve to affect in any way the
status, rights and privileges of an
employee under this Chapter.
K Reinstatement: The department head
may, with the approval of the City
Manager, reinstate to a vacant posi-
tion any person who has resigned in
good standing to a position in a class
or equivalent class in which he had
acquired status in the classified ser-
vice; provided, that the reinstatement
is accomplished within one year of the
date of resignation. A reinstatement
may, at the discretion of the depart-
ment head, take precedence over any
employment list except a re- employ-
ment list. (Ord. 586, 4 -10 -1962)
1 -6 -14: PROBATIONARY PERIOD:
A. Length Of Probation: All original and
promotional appointments shall be for
a probationary period of one year.
During the probation period the em-
City of El Segundo
37
EL SEGUNDO CITY COUNCIL MEETING DATE: April 5, 2016
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
I:Tei�►117:� 1] .Y , Colo
Consideration and possible action authorizing the Fire Department to purchase a new 2016 four
door Ford Explorer XLT (K7D) with front wheel drive (FWD) for the Fire Chief, as the current
staff vehicle is overdue for replacement. (Fiscal Impact: $32,103)
RECOMMENDED COUNCIL ACTION:
1) Pursuant to El Segundo City Code Section 1 -7 -10, waive the formal bidding process and
authorize the Fire Department to piggy -back off of the National Joint Powers Alliance
cooperative procurement contract with National Auto Fleet Group, Contract No. 102811 -
NAF, for the purchase of a replacement vehicle for the Fire Chief.
2) Authorize the City Manager to execute an agreement, in a form approved by the City
Attorney, to purchase one 2016 four door Ford Explorer XLT with FWD with available
equipment replacement funds;
3) Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1) Quote from National Auto Fleet Group
2) National Joint Powers Alliance RFP and Awarded Contract
FISCAL IMPACT: $32,103
Amount Budgeted: $0
Additional Appropriation: None
Account Number(s): 601 - 400 -3201 -8105 ($23,460 ERS)
601 - 400 - 3205 -8105 ($8,643 ERS)
ORIGINATED BY: Nathan Cooke, Battalion Chief,-4-C—'
REVIEWED BY: Christopher Donovan, Fire Chief
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
The El Segundo Fire Department currently possesses a ten year old Crown Victoria sedan that is
used by the Fire Chief. This vehicle (unit #3313) currently has approximately 151,000 miles on
it. Repair costs have been increasing over the last three years but in the last two (2) years there
have been multiple air conditioning, condenser and blend door motor failures, along with the
intake manifold having to be replaced at an estimated cost of $3,000 dollars. Due to the
increased costs in repairs and the extensive mileage on this vehicle, the Department recommends
to replace this vehicle with a new Ford Explorer four door XLT with front wheel drive.
X
wz
Public Safety agencies in California have transitioned from the standard sedan to a sport utility
vehicle (SUV) model, for emergency response vehicles that are used by staff. The SUV models
provide a better platform and versatility for response to emergency incidents, allows for better
fuel efficiency, and increased driver /passenger safety. The City is committed to reducing mobile
emissions from their fleet, that are in alignment with AB2766, the Motor Vehicle Subvention
Program, which is aimed at reducing air pollution from motor vehicles.
To purchase this vehicle in a timely manner, the Fire Department would like to piggy -back off
the National Joint Powers Alliance (NJPA) contract with National Auto Fleet Group that
provides competitive government pricing. City Council can elect to waive the bidding process
under El Segundo Municipal Code §1 -7 -11 and instead opt to use government pricing through
the NJPA and its awarded vendor, National Auto Fleet Group.
W
QUOTE
.E
2124/2016 Sell, service, and deliver lellar
National Auto Fleet Group
A Division of Chrurolct of V'lat unvillc•
490 Auto Center Drive, Watsonville, CA 95075
(855) BUY -NJPA • (626) 457 -5590
(85aJ 289 -6572 • (831) 480 -8497 Fax
2/24/2016
QuotelD: 6530
GARY MULLINS
CITY OF EL SEGUNDO
PUBLIC WORKS
150 ILLINOIS ST
EL SEGUNDO , California, 90245
Dear GARY MULLINS,
National Auto Fleet Group is pleased to quote the following vehicle(s) for your consideration.
One (1) NevdUnused (2016 Ford Explorer (K7D) FWD 4dr XLT, ) and delivered to your specified location, each for
One Unit
Base Price
$29,443.48
Tax (9.00 %)
$2,649.91
Tire fee
$8.75
Total
$32,102.14
- per the attached specifications. Price includes 2 additional key(s).
This vehicle(s) is available under the National Joint Powers Alliance Contract 102811. Please reference this Bid number on all
purchase orders. Payment terms are Net 30 days after receipt of vehicle.
Thank you in advance for your consideration. Should you have any questions, please do not hesitate to call.
Sincerely,
John Oviyach
National Fleet Manager
Email: john.oviyach@gmaii.com
Office: 562- 618 -0928
Fax 562 - 6844672
MEMLEI ~ TOYOTA 29 `1�70y Gmi=
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2J24J2016
Sell, service, and dellrer letter
In order to Finalize your Quote, please submit this purchase
packet to your governing body�for Purchase Carder Approval.
Once you issue a Purchase Order please send by_
Fax: (831) 480 -8497
Mail: National Auto Fleet Group
490 Auto Center Drive
Watsonville, CA 95076
Email: Fleet@nationalautofleetgroup.com
We will then send a W -9 if you need one
Please contact our main office with any questions:
1 -855- 289 -6572
Vehicle Configuration Options
=,rel rLq =
'Code
998
TRANSMISSION
Code
Description
ENGINE: 3.51- TI-VCT V6 (FFV), -inc: Flexible Fuel Vehicle (FFV) system is standard
equipment for vehicles w/lhe 3.51- Ti -VCT V6 engine shipped to Federal Emissions !
States or Cross Border State dealers and is only available w/a Federal emissions 1
system, (FFV system not available w /code 422 and requires code 936 or 423 if
applicable for California Emissions State dealer destinations).Cross border states
include AZ, DC, ID, NH, NV, OH, VA, WV (STD) _ 4
Description
44J l'TRANSMISSION: 6 -SPEED SELECTSHIFT AUTOMATIC, (STD)
WHEELS
Code Description
64H WHEELS: 18" PAINTED ALUMINUM, (STD)
TIRES
Code I Description
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2124/2016
PRIMARY PAINT
Code
PAINT SCHEME
Code
SEAT TYPE
Code - -- -
8W
ADDITIONAL EQUIPMENT
Sell, service, and delher IeW
Description
METALLIC
Description
STANDARD PAINT
Description — - - - - —
EBONY BLACK, UNIQUE CLOTH BUCKET SEATS, - Inc: 10 -way power driver seat
w /power lumbar and recline
Code Description - -~ - - -- --
153 FRONT LICENSE PLATE BRACKET
21 K LED FOG LAMPS
OPTION PACKAGE
- - - - --
200A
SHIP THRU CODES
Code
# Description
EQUIPMENT GROUP 200A
Description
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2124/2016 Sell, service, and deliver letter
2016 Fleet/Non- Retail Ford Explorer FWD 4dr XL.T
WINDOW STICKER
2016 Ford Explorer FWD 4dr XLT
3.5 U213 Regular Unleaded V-6
6 Speed Automatic WOD
CODE MODEL
K7D 2016 Ford Explorer FWD 4dr )(LT
Interior:
Exterior 1: MAGNETIC METALLIC
Exterior 2: No color has been selected.
OPTIONS
998 ENGINE: 3.5L TI-VCT V6 (FFV), -Inc: Flexible Fuel Vehicle (FFV) system is standard equipment for vehicles
Wthe 3.5L Ti -VCT V6 engine shipped to Federal Emissions States or Cross Border State dealers and Is only
available We Federal emissions system, (FFV system not available Woods 422 and requires code 936 or 423 If
applicable for California Emissions State dealer destinations).Cross border states include AZ. LAC. ID, NH, NV,
OH, VA, WV (STD)
44J TRANSMISSION: 6 -SPEED SELECTSHIFT AUTOMATIC, (STD)
64H WHEELS: 18" PAINTED ALUMINUM, (STD)
J7 MAGNETIC METALLIC
STANDARD PAINT
8W EBONY BLACK, UNIQUE CLOTH BUCKET SEATS, -Inc: 10 -way power driver seat WpoVAr lumbar and recline
153 FRONT LICENSE PLATE BRACKET
21 K LED FOG LAMPS
200A EQUIPMENT GROUP 200A
SUBTOTAL
Advert/ Adjustments
Manufacturer Destination Charge
TOTAL PRICE
Est City: 17 MPG
Est Highway: 24 MPG
Est Highway Cruising Range: 446.40 mi
M SRP
$33,400.00
INC
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$150.00
$0.00
$33,550.00
$0.00
$945.00
$34,495.00
Any performance- related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions.
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2/2412016 Sell, service, and deliver letter
Standard Equipment
MECHANICAL
Engine: 3.5L Ti -VCT V6 (FFV) -inc: Flexible Fuel Vehicle (FFV) system is standard equipment for vehicles wlthe 3.5L Ti -VCT
V6 engine shipped to Federal Emissions States or Cross Border State dealers and is only available w/a Federal emissions
system, (FFV system not available w /code 422 and requires code 936 or 423 if applicable for California Emissions State
dealer destinations).Cross border states include AZ, DC, ID, NH, NV, OH, VA, WV Not standard equipment in CA Emissions
States.
Transmission: 6 -Speed SelectShiftAutomatic
3.39 Non - Limited -Slip Axle Ratio
GVWR: 6,160 Ibs
Front -Wheel Drive
58- Amp /Hr 650CCA Maintenance -Free Battery w /Run Down Protection
200 Amp Alternator
Towing w/Trailer Sway Control
Gas - Pressurized Shock Absorbers
Front And Rear Anti -Roll Bars
Electric Power - Assist Speed - Sensing Steering
18.6 Gal. Fuel Tank
Quasi -Dual Stainless Steel Exhaustw /Chrome Tailpipe Finisher
Strut Front Suspension w /Coil Springs
Multi-Link Rear Suspension w /Coil Springs
4 -Wheel Disc Brakes w/4 -Wheel ABS, Front And Rear Vented Discs, Brake Assist and Hill Hold Control
EXTERIOR
Wheels: 18" Painted Aluminum
Tires: P245/60R18 AS BSW
Steel Spare Wheel
Compact Spare Tire Mounted Inside Under Cargo
Clearcoat Paint
Body - Colored Front Bumper wBlack Rub Strip/Fascia Accent and Metal -Look Bumper Insert
Body - Colored Rear Bumper w /Black Rub Strip /Fascia Accent and Metal -Look Bumper Insert
Black Side Windows Trim and Black Front Windshield Trim
Chrome Bodyside Insert, Black Bodyside Cladding and Black Wheel Well Trim
Body - Colored Door Handles
Black Power Heated Side Mirrors w /Convex Spotter, Manual Folding and Turn Signal Indicator
Fixed Rear Window w /Fixed Interval Wiper, Heated Wiper Park and Defroster
Deep Tinted Glass
Speed Sensitive Variable Intermittent Wipers
Front Windshield -inc: Sun Visor Strip
Galvanized Steel/Aluminum Panels
Lip Spoiler
Metal -Look Grille
Liftgate Rear Cargo Access
Tailgate /Rear Door Lock Included w /Power Door Locks
Roof Rack Rails Only
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4/24/2016
Sell, service, and deliver letter
Fully Automatic Projector Beam Led Low Beam Daytime Running Headlamps w/Delay -Off
LED Brakelights
Front Fog Lamps
Perimeter /Approach Lights
ENTERTAINMENT
Radio: AM/FM Stereo w /Single CD /MP3 Capable -inc: 6 speakors and SidusXM radio, Note:, a 6 -month prepaid subscription,
Service is not available in Alaska and Hawaii, Note: Subscriptions to all SidusXM services are sold by SiriusXM after trial
period, IF you decide to continue service after your trial, the subscription plan you choose will automatically renew thereafter and
you will be charged according to your chosen payment method at then-current rates, Fees and taxes apply, To cancel you must
call SidusXM at 1- 866-635 -2349, See SidusXM Customer Agreement for complete terms at www.sidusxm.com, All fees and
programming subject to change, Sirius, XM and all related marks and logos are trademarks of Sirius XM Radio Inc
I Radio w /SeekScan, Clock, Speed Compensated Volume Control and Steering Wheel Controls i
Wireless Streaming
Integrated Roof Antenna
SYNC -inc: enhanced voice recognition communications and entertainment system, 911 Assist, 4.2" LCD screen in center
stack, AppLink and (1) smart - charging USB port in the Media Hub, Note: SYNC AppLink lets you control some of your favorite
compatible mobile apps w/your voice, It is compatible w /select smartphone platforms, Commands may vary by phone and
AppLink software
Bluetooth Wireless Phone Connectivity
INTERIOR
60-40 Folding Split -Bench Front Facing Manual Reclining Tumble Forward Premium Cloth Rear Seat
Manual Tilt/Telescoping Steering Column
Gauges -inc: Speedometer, Odometer, Engine Coolant Temp, Tachometer, Trip Odometer and Trip Computer
Power Rear Windows and Fixed 3rd Row Windows
7 Person Seating Capacity
Fixed 50 -50 Split -Bench Premium Cloth 3rd Row Seat Front, Manual Fold Into Floor and 2 Fixed Head Restraints
Leather /Metal -Look Steering Wheel
Front Cupholder
Rear Cupholder
Compass
Remote Keyless Entry w /Integrated Key Transmitter, illuminated Entry and Panic Button
Keypad
Proximity Key For Doors And Push Button Start
Valet Function
Cruise Control w /Steering Wheel Controls
Manual Air Conditioning
Rear HVAC w /Separate Controls
HVAC -inc: Underseat Ducts, Auxiliary Rear Heater and Headliner /Pillar Ducts
Illuminated Locking Glove Box
Driver Foot Rest
Interior Trim -inc: Metal -Look Instrument Panel Insert, Metal -Look Door Panel Insert, Metal-Look Console Insert and Metal -Look
Interior Accents .
Full Cloth Headliner
Cloth Door Trim Insert
Leather /Chrome Gear Shift Knob
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Unique Cloth Bucket Seats -Inc: 10 -way power driver seat w /power lumbar and recline, 6 -way power passenger seat w /manual
recline and 4 -way adjustable driver and front- passenger head restraints (2 -way up /down when dual- headrest DVD
entertainment system (50S) is ordered)
Day -Night Rearview Mirror
Driver And Passenger Visor Vanity Mirrors w /Driver And Passenger Illumination
Full Floor Console w /Covered Storage, Full Overhead Console w /Storage and 4 12V DC Power Outlets
Front And Rear Map Lights
Fade -To -Off Interior Lighting
Full Carpet Floor Covering -Inc: Carpet Front And Rear Floor Mats
Carpet Floor Trim
Cargo Space Lights
Driver/ Passenger And Rear Door Bins
Power 1st Row Windows w /Driver And Passenger 1 -Touch Up /Down
Delayed Accessory Power
Power Door Locks w /Autolock Feature
Systems Monitor
Trip Computer
Outside Temp Gauge
Analog Display
Fixed Rear Head Restraints
Front Center Armrest
2 Seatback Storage Pockets
Seats w /Premium Cloth Back Material
Securilock Anti -Theft Ignition (pats) Engine Immobilizer
Perimeter Alarm
4 12V DC Power Outlets
Air Filtration
SAFETY
,Advancetrac w /Roll Stability Control Electronic Stability Control (ESC) And Roll Stability Control (RSC)
ABS And Driveline Traction Control
Side Impact Beams
Dual Stage Driver And Passenger Seat - Mounted Side Airbags
911 Assist Emergency S.O.S
Rear Parking Sensors
Tire Specific Low Tire Pressure Warning
Dual Stage Driver And Passenger Front Airbags
Safety Canopy System Curtain 1st, 2nd And 3rd Row Airbags
Airbag Occupancy Sensor
Passenger Knee Airbag
Mykey System -Inc: Top Speed Limiter, Audio Volume Limiter, Early Low Fuel Warning, Programmable Sound Chimes and
Beltmi rider w /Audio Mute
Rear Child Safety Locks
Outboard Front Lap And Shoulder Safety Belts -Inc: Rear Center 3 Point, Height Adjusters and Pretensioners
Back -Up Camera w/Washer
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Awarded Contract
50
5" YEAR RENEWAL OF AGREEMENT
Made by and Between
National Auto Fleet Group (Vendor)
490 Auto Center Drive
Watsonville, CA 95076
and
National Joint Powers Allianceg (NJPA)
202 12 "' Street NE
Staples, MN 56479
Phone: (218) 894 -1930
Whereas:
"Vendor" and "N,fPA- have entered into an "Acceptance and Award # 10381 I -NAI - for the
procurement of•Passenger Cars. Light Duty, Medium Duty, and Heavy Duty Trucks with
Related Accessories, and having a maturity date of January 17, 2016, and which are subject to
annual renewals and a 0 year extension at the option of both parties.
Nuw therefore:
Members of N,IPA would benefit from exercising the fifth year option. "Vendor' and "NJPA"
hereby desire and agree to exercise the 5 "' year renewal option for the above defined contract For
the period of.lanuary 17. 301€ s- l�trmTm--(w7.
IY;ttionsel.lui Ili i�
By: - Its: EACCUliye DirectorlCE0
Name printed or typed.
Date
rkm
:-
e printed or typed: Z°z° Filef2w
Date 7.— r
. hs, , t _Cz4a.a xoG
51
RFP111010
Proposal Offering
And Acceptance and Award
RFP #102811
FORM D
PASSENGER CARS LIGHT DUTY 1HEWUM DUTY ANU HEAVY DUTY TRUCKS WITH RELATED
ACCESSORW_%
R nasal Offering T#, o n completed Only by Proprl
In compliance with the Request for proposal (RFP) for PASSENGER CARS, LIGHT DUTY, MEDIUM DUTY, AND
HEAVY DUTY TRUCKS WITH RELATED ACCESSORIES, the undersigned warrants that I /we have examined this
RFP and, being familiar with all of the instructions, terms and conditions, general specificatiors, expectations, technical
specifications, service expectations and any special terms, do hereby offer and agree to furnish the defined
productstservices and services in compliance with all terms, conditions of this RFP, any applicable amendments of this
RFP, and all Proposer's Response documentation. Proposer further understands they are the sole offeror herein and that
the performance of any sub-contractors employed by the Proposer in fulfillment of this offer is the sole responsibility of
the Proposer.
Company Name: _ National Auto Fleet_Groa@atc: 11- 14-11
Company Address: 490 Auto Center 'Drive
City:.
Watsonville
Contact Person: Clarke
Authorized Signature (ink only):
State: CA Zip: 95076 _
Clarke Cooe�r
(Name printed or typed)
Contract Mt!tanee and Award (To be comxrletod only I& 14H
Your proposal offering is hereby accepted and awarded. As an awarded Proposer, you are now bound to provide the
defined goods and services contained in your proposal offering according to all terms, conditions, and pricing set forth in
this RIT. any amendments to this RFP, and the Proposees Response. The efTective date of the Contract be
QCLrA ( , ZDXL and continue for four years thereafter AND which is subject to annual renewal at the
option of both parties.
National Joint Powers Allisnce ®NJPA)
NJPA Authorized signature:
man /_ ly
(Name printed or typed)
Title: Executive Director NJPA
r-l^-
Awarded this 171- _ day of _ +.� �+a Y , 2-7 r— Contract Number 9 102811- 1V Af
NJPA Authorized
(Name printed or typed)
Title: ;X Jl�LA �-t LY l� 1 t
Executed this t ►.f day of V lZ Contract Number # 102811 ! A%A F
Page 41 of 47
52
National Joint Powers Alliance
888- 894 -1930 • www.nipacoop.org
COMMENT AND REVIEW
To the
INVITATION FOR BID (IFB) #102811
Entitled
200 First Street NE • Staples MN, 56479
PASSENGER CARS, LIGHT DUTY, MEDIUM DUTY, AND HEAVY DUTY TRUCKS WITH RELATED
ACCESSORIES
The following advertisement was placed in the Star Tribune on September 6, 2011 and September 13, 2011 and
the Daily Journal of Commerce on September 6, 2011 through September 12, 2011 and on the NJPA website
www.nipacoop.org, and on noticetobidders.com website:
The National Joint Powers Allianceg) (NJPA) issues this request for proposal (RFP) to
provide PASSENGER CARS, LIGHT DUTY, MEDIUM DUTY, AND HEAVY DUTY TRUCKS
WITH RELATED ACCESSORIES, Specifications and details of this RFP are available beginning
September 6, 201 land continuing until October 4, 2011. Details and specifications may be obtained
by letter of request to Gregg Meierhofer, NJPA, 200 First Street Northeast, Staples, MN 56479, or
by e-mail at RFP @nipacoop•±orb. Proposals will be received until October 27, 2011 at 4:30 p.m.
Central Time at the above address and opened October 28, 2011 at 8:OOAM Central Time.
IFB's were requested from and distributed to:
Acme Auto Leasing
AmeriFleet
Autofair Ford Honda Hyandai
Brattain International Trucks -- Portland
DATTCO, Inc.
Dhaval Kikani
Dodge of Burnsville
DriveCam
Electric Vehicles International
FastFleet
GreenKraft, Inc.
Gulf States Toyota
IMPCO Automotive Division
Keyless Ride
Leg Platt
Mike Shaw Buick
Mitsubishi Fuso Truck of America
AeroVironment, Inc.
ARI
Badger Truck Center
CODA Automotive
David Stanley Auto Group
Diamond Trucks
Don Chalmers Ford
Eagle Chevrolet Fleet and Commercial Sales
EV Auto Texas
Ford Motor Company
Gresham Ford
Hixson Automotive
Jesse James Cooper
LeasePlan, USA
Mall Chevrolet
Miles Electric Vehicles, LLC
Mitsubishi Motors North America
01 J PA
National Joint Powers Alliance
888.894 -1930 - www.nipacoop.org
Northside Ford
PalFleet Truck Equipment Co.
Performance Friction Corporation
Rae Knowlton
Smith Electric Vehicles US Corp.
STAHL — Scott Fetzer Co.
State of Nevada
TEC Equipment
Terex Corporation
TN Fleet Sales
VIA Motors
Wow Way
Late inquiries were received from:
Day Automotive Group
Florence Truck Center, Inc.
Husky Trucks, LLC
Southland International Trucks
200 First Street NE - Staples MN, 56479
Oshkosh Corporation
Penske Automotive
Power Auto Group
Rihm Kenworth
SoCal Penske — RP Automotive
State of Lousianna
Surburban Fleet
TEC Trucks
Theodore Robins Ford
TransChicago Truck Group
W. Hare & Son, Inc.
Elk Grove Auto Group
Husky International Trucks
Reliable Chevrolet
Whiteside Chev., Buick, Cadillac, GMC
Bids were opened on November 18, 2011 at the offices of NJPA offices 202 12th Street Northeast in Staples,
Minnesota 56479. All bids received were deemed responsive. Bids were received from the following:
National Auto Fleet Group
Oshkosh Corporation
DATTCO, Inc.
Gresham Ford
Northside Ford Trucks
CODA Automotive, Inc.
Husky Trucks, LLC
Ford of Murfreesboro
Don Chalmers Ford
Automotive Rentals, Inc.
Smith Electric Vehicles US
KSEE, LLC dba EV Autos
Empire Southwest, LLC dba Empire Truck & Trailer
Secured Mobility, LLC dba Keyless Ride
DriveCam, Inc.
Mitsubishi Motors North America (MMNA)
JPA�
National Joint Powers Alliance 200 First Street NE - Staples MN, 56479
888- 894 -1930 - www.njpacoop.org
Bids were reviewed by the Bid Review committee consisting of:
Ginger Line, Coordinator of Bids and Contracts
Gregg Meierhofer, Coordinator of Bids and Contracts
Tracy Plinske, Coordinator of Bids and Contracts
Keith Hanson, Assistant to Manager of Financial Services, CPA
The findings of the Bid Review Committee are summarized as follows:
The Bid Evaluation Committee found the bid responses to be generally well put together and
offering a wide array of products and services. The Committee also found all bids to be within a
"Competitive Range ".
We feel that DriveCam, Inc., and Keyless Ride are a good fit because of their accessories in this
product category.
Northside Ford, Gresham Ford for their Azure Dynamics and Roush CleanTech cars. CODA, Smith
Electric, and Mitsubishi also have great options for alternative fuel opportunities.
Oshkosh is awarded for their airport utility vehicles.
Husky Trucks and Empire for their original manufacturer offerings.
Finally, National Auto Fleet Group for their full line of Cars/Trucks.
For these reasons the NJPA Evaluation Team recommends award of NJPA # 102811 to:
DriveCam, Inc.
102811 -DCI
Secured Mobility, LLC dba Keyless Ride
102811 -SML
CODA Automotive,
102811 -CDA
Mitsubishi Motors North America (MMNA)
102811 -MMN
Smith Electric Vehicles US
10281 I -SEV
Empire Southwest, LLC dba Empire Truck and Trailer
102811 -ESW
Gresham Ford
102811 -GFT
Husky Trucks, LLC
1002811 -HTL
National Auto Fleet Group
102811 -NAF
Northside Ford Trucks
102811 -NSF
Oshkosh
102811 -OKC
PAO
National Joint Powers Alliance
888.894 -1930 - www.njpacoop.org
Ginger
r
Gregg Wikrhofer, Bids anc Guntracts Officer
Tracy Pli ke, ontracts Specialist
Keith Hanson, Accounting Manager, CPA
200 First Street NE - Staples MN, 56479
Date
/- s t)--
Date
(- S-1-2-
Date
Date
�—koi&D
57
National Joint Powers AllianceOO (herein NJPA)
REQUEST FOR PROPOSAL (herein RFP)
for the procurement of
PASSENGER CARS LIGHT DUTY MEDIUM DUTY AND HEAVY DUTY
TRUCKS WITH RELATED ACCESSORIES
RFP Opening
October 28, 2011
8:00 AM Central TIME
At the offices of the
National Joint Powers Alliance®
200 First Street Northeast, Staples, MN 56479
RFP #102811
The National Joint Powers Alliance® (NJPA) issues this request for proposal (RFP) to provide PASSENGER CARS,
LIGHT DUTY, MEDIUM DUTY, AND HEAVY DUTY TRUCKS WITH RELATED ACCESSORIES, Specifications
and details of this RFP are available beginning September 6, 201 land continuing until October 4, 2011. Details and
specifications may be obtained by letter of request to Gregg Meierhofer, NJPA, 200 First Street Northeast, Staples, MN
56479, or by e -mail at RFP @njpacoop.org. Proposals will be received until October 27, 2011 at 4:30 p.m. Central Time at
the above address and opened October 28, 2011 at 8:OOAM Central Time.
The text above is the Public Notice to Proposers to be used by NJPA.
RFP Timeline
September 6, 2011 and • Publication ol'RFP in the print and online Adinneapolis Star Tribune, the
September 13, 2011 N.IPA website, and on the website ofnoticetobidders.com
October 4, 2011 • Deadline for RFP requests
October 7, 2011 AMCentral
October 27, 20114:30 PAI.
Central
October 28, 20118: OOAM Central
• Pre - Proposal Coglerence (webcast — conference call)
• Deadline for Submission of Proposals
• Public Opening of Proposals
Direct questions regarding this RFP to:
Gregg Meierhofer at giKgg. otg or (218)894 -1930
RFP Procedures offers the methods for submitting questions.
Page 1 of 47
wz
RFP 081411
TABLE OF CONTENTS
INTRODUCTION
S. MARKETING PLAN
A.
About NJPA
6. PROPOSAL OPENING PROCEDURE
B.
Joint Exercise of Powers Laws
7. EVALUATION
OF PROPOSALS
C.
Why Propose a National Cooperative
A.
Proposal evaluation process
Procurement Contract
B.
Proposer Responsiveness
D.
The Intent of this RFP
C.
Proposal evaluation criteria
E.
Scope of this RFP
D.
Cost Scoring Evaluation
F.
Expectations for Products /Services
E.
Product Testing
being Proposed
F.
Past performance information
G.
Certification — Firm offer to contract
G.
Waiver of formalities
H.
Pre - Proposal Conference
8, POST AWARD OPERATING ISSUES
DEFINITIONS
A.
Subsequent Agreements
A.
Proposer — Vendor
B.
NJPA Member sign -up procedure
B.
Contract
C.
Reporting of sale activity
C.
Time
D.
Audits
D.
Proposer's Response
E.
Hub Partner
E.
Currency
F.
Trade -Ins
F.
FOB
G.
Out of Stock Notification
INSTRUCTIONS
TO PREPARING YOUR
H.
Termination of a Contract resulting from
PROPOSAL
this RFP
A.
Pre - Proposal Conference
9. GENERAL
TERMS AND CONDIITONS
B.
Identification of key personnel
A.
Advertisement of RFP
C.
Proposer's exceptions to terms and
B.
Advertising a Contract Resulting From
conditions
this RFP
D.
Formal instructions to Proposers
C.
Applicable law
E.
Questions and answers about this RFP
D.
Assignment of Contract
F.
Modification or withdrawal of a
E.
Proposers List
submitted Proposal
F.
Captions, Headings, and Illustrations
G.
Value added attributes,
G.
Confidential Information
products /services
H.
Data Privacy
H.
Certificate of Insurance
I.
Entire Agreement
I.
Order Process and /or Funds Flow
J.
Force Majeure
J.
Administrative Fees
K.
Gratuities
PRICING STRATEGIES
L.
Hazardous Substances
A.
Line -Item Pricing
M.
Legal Remedies
B.
Mass Produced Production Vehicles
N.
Licenses
C.
All other Vehicles and accessories
O.
Material Suppliers and Sub - Contractors
D.
Hot List Pricing
P.
Non - Wavier of Rights
E.
Ceiling Price
Q.
Protests of Awards Made
F.
Volume Price Discounts
R.
Provisions Required by Law
G.
Sourced Goods
S.
Public Record
H.
Cost Plus a Percentage of Cost
T.
Right to Assurance
1.
Total Cost of Acquisition
U.
Suspension or Disbarment Status
J.
Requesting Product and Service
V.
Human Rights Certificate
additions /deletions
W.
Severability
K.
Requesting Pricing Changes
X.
Relationship of Parties
L.
Pricing and Products Changes Format
M.
Single Statement of Pricing — Historical
10. FORMS
Record of Pricing
A,B,C,D,E,G,H,I
N.
Payment Terms
1 1. PRE - SUBMISSION CHECKLSIT
O.
Sales Tax
12. ATTACHMENT 1 (I &M Price Sheet)
P.
Shipping and Shipping Program
Q.
Normal Working Hours
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59
RFP 0814] 1
INTRODUCTION
A. ABOUT NJPA
1_1 The National Joint Powers Alliance®- (NJPA)- is a public agency serving as a national municipal
contracting agency established under the Service Cooperative statute by Minnesota Legislative Statute
§ 123A.21 with the authority to develop and offer, among other services, cooperative procurement
services to its membership. Eligible membership includes states, cities, counties, governmental agencies,
both public and non - public educational agencies, colleges, universities and non - profit organizations. This
Minnesota Statute also allows for service to NJPA Member agencies in Minnesota and all other states.
1_2 To this end, NJPA has established a series of procurement contracts with various Vendors of
products /services which NJPA Members desire to procure. These procurement contracts are created in
compliance with applicable Minnesota Municipal Contracting Laws. A complete listing of NJPA
cooperative procurement contracts can be found at www.niVacoop =off.
1_3 NJPA's publicly elected Board of Directors calls for all proposals, awards all Contracts, and hosts
those resulting Contracts and offers them for the benefit of its Membership.
1.3.1 Subject to Approval of the Board: Any award of Contract made by an authorized NJPA
Employee will be subject to such action by the NJPA Board of Directors.
1_4 NJPA currently serves over 30,000 member agencies. Both membership and utilization of NJPA
Contracts continues to expand at exponential rates. The value of our Contracts driven to our Members is
reflected in our growth.
B. JOINT EXERCISE OF POWERS LAWS
1_5 NJPA cooperatively shares those contracts with its Members nationwide through various "Joint
Exercise of Powers Laws" established in Minnesota and most other States. The Minnesota "Joint Exercise
of Powers Law" is Minnesota Statute §471.59 which states "Two or more governmental units ... may
jointly or cooperatively exercise any power common to the contracting parties..." Similar Joint Exercise
of Powers Laws for each State of the United States can be found on our website at
littp: / /www.rtjpacoop.oWg LEARN /About/Le alg litml and clicking on that state at the bottom of the web -
page.
C. WHY RESPOND TO A NATIONAL COOPERATIVE PROCUREMENT CONTRACT
1_6 National Cooperative Procurement Contracts create value for both Municipal buyers and their
Vendors of products /services in two ways:
1.6.1 We save the time and effort of many municipal buyers bringing individual procurement
proposals AND the time and effort of the Vendors in responding individually to those
invitations. A single invitation for a cooperatively held contract can replace potentially
thousands of invitations for the same items from individual NJPA Members.
1.6.2 We earn volume purchasing discounts which are passed on to our Members. A single
awarded Proposal is likewise exposed to thousands of potential Municipal purchasing units
nationwide creating efficiency and savings to the business community as they sell products and
services to government and education agencies.
1_7 State laws that permit or encourage cooperative purchasing contracts do so with the belief that lower
prices, better overall value and time savings will be the result.
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O
1_8 The collective purchasing power of thousands of NJPA Members nationwide offers the opportunity
for volume pricing discounts. Although no volume is guaranteed by a Contract resulting from this RFP,
substantial volume is anticipated and volume pricing is requested and justified.
1.9 NJPA and its Members desire the best value for their procurement dollar as well as a competitive
price. Pre - competed procurement contracts offer NJPA and its Members the ability to more directly
compare non -price factors in their procurement analysis and it offers Vendors the opportunity to display
those attributes without the timing and interpretation constraints of a typical individual proposal process.
D. THE INTENT OF THIS RFP
1.10 The intent of this RFP is to award an Exclusive Single Award Contract to a qualifying manufacturer
or distributor Proposer demonstrating a solution which meets and /or exceeds the requirements of NJPA
and its Members within the scope of PASSENGER CARS, LIGHT DUTY, MEDIUM DUTY, AND
HEAVY DUTY TRUCKS WITH RELATED ACCESSORIES. Qualifying Proposers must be able to
demonstrate the knowledge of any and all applicable industry standards, laws and regulations; and the
ability to both market to and service NJPA Members in all 50 states. All proposals received will be
evaluated based on (among several other factors) their ability to provide the greatest utility to NJPA and
NJPA Members and across the widest spectrum of products and services.
1.11 NJPA desires a relationship with a vendor providing a broad array of equipment, products, supplies,
accessories and services anticipated and generally requested and desired by NJPA members from the
PASSENGER CARS, LIGHT DUTY, MEDIUM DUTY, AND HEAVY DUTY TRUCKS WITH
RELATED ACCESSORIES industry. Those products and services must include those most commonly
used and desired by NJPA and its Members. NJPA is seeking a Prime and Exclusive Vendor relationship
to best serve the overall needs of NJPA and NJPA Members nationally.
1.12 Non - Manufacturer Awards: NJPA reserves the right to make an award related to this invitation to
a non - manufacturer such as a dealer /distributor if such action is in the best interests of NJPA and its
Members.
1.13 Multiple Awards: Although it is NJPA's intent to award a contract to a single Vendor, NJPA
reserves the right to award a Contract to multiple Proposers where the responding Proposers are deemed
to lack the ability to appropriately service a national contract or such action is deemed to be in the best
interests of NJPA and its Members
1.14 Award by Board of Directors: An Award of Contract may be made by the NJPA Board of
Directors based on the recommendation of the NJPA Proposal Review Committee and on the best
interests of NJPA and its Members. NJPA is seeking a Prime, Exclusive Vendor relationship(s) to meet
this need. The goal and intent of this RFP is to follow through with a proposal award and contract to be
marketed nationally through a cooperative effort between the awarded vendor(s) and NJPA to its
participating members.
1.15 Best Responsive — Responsible Proposer: It is the intent of NJPA to award a Contract to the best
responsible and responsive Proposer(s) offering the best overall quality and selection of products /services
and services meeting the commonly requested specifications of the NJPA and NJPA Members, provided
the Proposer's Response has been submitted in accordance with the requirements of this RFP.
1.16 Sealed Proposals: NJPA will receive sealed proposal responses to this RFP in accordance with
accepted standards set forth in the Minnesota Procurement Code and Uniform Municipal Contracting
Law. Awards may be made to responsible and responsive Proposers whose proposals are determined in
writing to be the most advantageous to NJPA and its current or qualifying future NJPA Members.
1.17 Use of Contract: Any Contract resulting from this solicitation shall be awarded with the
understanding that it is for the sole convenience of NJPA and its Members. NJPA and /or its members
4 of 47
61
reserve the right to obtain like goods and services solely from this Contract or from another contract
source of their choice.
1.18 NJPA's interest in a contract resulting from this RFP: Not withstanding its own use, to the extent
NJPA issues this RFP and any resulting contract for the use of its Members, NJPA's interests and liability
for said use shall be limited to the competitive proposal process performed and terms and conditions
relating to said contract and shall not extend to the products, services, or warranties of the Awarded
Vendor or the intended or unintended effects of the goods and services procured there from.
1.19 Sole Source of Responsibility- NJPA desires a "Sole Source of Responsibility" Vendor meaning the
Vendor will take sole responsibility for the performance of delivered products /services. NJPA also desires
sole responsibility with regard to:
1.19.1 Scope of Products /Services: NJPA desires a single provider for the broadest possible
scope of the goods and services being proposed over the largest possible geographic area and to
the largest possible cross - section of NJPA Members.
1.19.2 Vendor use of sub - contractors in sourcing or delivering goods and services: NJPA
desires a single source of responsibility for products /services proposed. Proposer's are assumed to
have sub - contractor relationships with all organizations and individuals whom are external to the
Proposer and are involved in providing or delivering the goods and services being proposed.
Vendor assumes all responsibility for the products /services and actions of any such Sub -
Contractor.
E. SCOPE OF THIS RFP
1.20 Additional Definition for the scope of this solicitation.
1.20.1 In addition to PASSENGER CARS, LIGHT DUTY, MEDIUM DUTY, AND HEAVY
DUTY TRUCKS WITH RELATED ACCESSORIES, this solicitation should be read to
include:
1.20.1.1 OEM Production vehicles from the Manufacturer (OEM)
1.20.1.2 Alt Fuel Vehicles and Vehicles utilizing leading edge technologies.
1.20.1.3 Cab and Chassis Trucks
1.20.1.2 Dump Trucks, Service Bodies, Flat Beds.
1.20.1 NJPA reserves the right to limit the scope of this solicitation for market segments already
being serviced by existing NJPA procurement contracts.
1.21 Solutions Based Invitation:
1.21.1 All potential Proposers are assumed to be professionals in their respective fields. As
professionals you are deemed to be intimately familiar with the spectrum of NJPA and NJPA
Member's needs and requirements with respect to the scope of this RFP.
1.20.2 With this intimate knowledge of NJPA and NJPA Member's needs, Proposers are
instructed to provide their proposal response in a format describing their solutions to those current
and future needs and requirements. Proposers should take care to be economical in their response
to this RFP.
5 of 47
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RFP 081411
1.21.3 Multiple solutions to the needs of NJPA and NJPA Member's are possible. Examples
could include:
1.21.3.1 Materials Only Solution: A Materials Only Solution may be appropriate for
situations where NJPA or NJPA Members possess the ability, either in -house or through
local third party contractors, to properly install and bring to operation those materials
being proposed.
1.21.3.2 Turn -Key Solutions: A Turn-Key Solution is combination of materials and
services which provides a single price for materials, delivery, and installation to a
properly operating status. Generally this is the most desirable solution as NJPA and
NJPA Members may not possess, or desire to engage, personnel with the necessary
expertise to complete these tasks internally or through other independent contractors
1.20.3.3 Good, Better, Best: Where appropriate and properly identified, Proposers are
invited to offer the CHOICE of good — better — best multiple grade solutions to NJPA and
NJPA Member's needs.
1.21.3.4 Proven — Accepted — Leading Edge Technology: Where appropriate and
properly identified, Proposers are invited to provide the CHOICE of an appropriately
identified spectrum of technology solutions to NJPA and NJPA Member's needs both
now and into the future.
1.22 Geographic Area to be Proposed: This RFP invites proposals to provide PASSENGER CARS,
LIGHT DUTY, MEDIUM DUTY, AND HEAVY DUTY TRUCKS WITH RELATED
ACCESSORIES to NJPA and NJPA Members throughout the entire United States and possibly
internationally. Proposers will be expected to express willingness to explore service to NJPA Members
located abroad; however the lack of ability to serve Members outside of the United States will not be
cause for non - award. The ability to serve Canada, for instance, will be viewed as a value -added attribute.
1.23 Manufacturer as a Proposer: If the Proposer is a Manufacturer or wholesale distributor, the
response received will be evaluated on the basis of a response made in conjunction with that
Manufacturer's Dealer Network. Unless stated otherwise, a Manufacturer or wholesale distributor
Proposer is assumed to have a documented relationship with their Dealer Network where that Dealer
Network is informed of, and authorized to accept, purchase orders pursuant to any Contract resulting from
this RFP on behalf of the Manufacturer or wholesale distributor Proposer. Any such dealer will be
considered a sub - contractor of the Proposer /Vendor. The relationship between the Manufacturer and
wholesale distributor Proposer and its Dealer Network may be proposed at the time of the proposed
submission if that fact is properly identified.
1.24 Dealer/Re- seller as a Proposer: If the Proposer is a dealer or re- seller of the products and /or
services being proposed, the response will be evaluated based on the Proposer's authorization to provide
those products and services from their manufacturer. Where appropriate, Proposers must document their
authority to offer those products and /or services.
1.25 Contract Term: A contract resulting from this RFP will become effective the date established in the
"Offering and Award" (Form D). NJPA is seeking a Contract base term of four years subject to annual
renewals as allowed by Minnesota Contracting Law. Full term is expected, however will only occur
through successful annual renewals. One additional one -year renewal- extension may be offered by NJPA
to Vendor beyond the original four year term if NJPA deems such action to be in the best interests of
NJPA and its Members.
1.26 Minimum Contract Value: NJPA anticipates considerable activity resulting from this RFP and
subsequent award; however no commitment of any kind is made concerning actual quantities to be
acquired. NJPA does not guarantee usage. Usage will depend on the actual needs of the NJPA Members
6 of 47
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RFP 081411
and the value of the awarded contract.
1.27 Estimated Contract Volume: Estimated quantities and sales volume are based on potential usage
by NJPA and NJPA Members.
1.28 Largest Possible Solution: If applicable, Contracts will be awarded to Proposer(s) able to deliver a
proposal meeting the entire needs of NJPA and its Members within the scope of this RFP. NJPA prefers
Proposers submit their complete product line of products and services described in the scope of this RFP.
NJPA reserves the right to reject individual, or groupings of specific products /services proposals as a part
of the award.
1.29 Contract Availability: This Contract must be available to all current and potential NJPA Members
who choose to utilize this NJPA Contract to include all governmental agencies, public and private
primary and secondary education agencies, and all non - profit organizations nationally.
1.30 Proposer's Commitment Period: In order to allow NJPA the opportunity to evaluate each proposal
thoroughly, NJPA requires any response to this solicitation be valid and irrevocable for ninety (90) days
after the date proposals were opened regarding this RFP.
F. EXPECTATIONS FOR PRODUCTS /SERVICES BEING PROPOSED
1.31 Industry Standards: Except as contained herein, the specifications or solutions for this RFP
shall be those accepted guidelines set forth by the PASSENGER CARS, LIGHT DUTY, MEDIUM
DUTY, AND HEAVY DUTY TRUCKS WITH RELATED ACCESSORIES industry, as they are
generally understood and accepted within that industry across the nation. Submitted products /services,
related services, and their warranties and assurances are required to meet and /or exceed all current,
traditional and anticipated needs and requirements of NJPA and its Members.
1.31.1 Deviations from industry standards must be identified by the Proposer and
explained how, in their opinion, the products /services they propose will render equivalent
functionality, coverage, performance, and /or service. Failure to detail all such deviations may
comprise sufficient grounds for rejection of the entire proposal.
1.31.2 Technical Descriptions /Specifications. Bidder's must supply sufficient information to:
Demonstrate the Bidder's knowledge of industry standards, and
identify the products and services being bid, and
differentiate those products and services from others.
Excessive technical descriptions and specifications which, in the opinion of NJPA, unduly
enlarges the bid response may reduce evaluation points awarded on Form G.
1.32 Important note: NJPA does not typically offer specific product and service specifications; rather
NJPA is requesting an industry standard or accepted specification for the requested products and services.
Where specific line items are specified, those line items should be considered the minimum which can be
expanded by the Proposer to deliver the Proposer's "Solution" to NJPA and NJPA Member's needs.
1.33 Commonly used Goods and Services: It is important that the products /services submitted are the
products /services commonly used by public sector entities.
1.34 New Current Model Goods: Proposals submitted shall be for new, current model products
and services with the exception of certain close -out products allowed to be offered on the
Proposer's "Hot List" described herein.
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1.35 Compliance with laws and standards: All items supplied on this Contract shall comply with any
current applicable safety or regulatory standards or codes.
1.36 Delivered and operational; Products offered herein are to be proposed based upon being delivered
and operational at the NJPA Member's site. Exceptions to "delivered and operational" must be explicitly
disclosed in the "Total Cost of Acquisition" section of your proposal response.
1.37 Warranty: The Proposer /Vendor warrants that all products, equipment, supplies, and services
delivered under this Contract shall be covered by the industry standard or better warranty. All products
and equipment should carry a minimum industry standard manufacturer's warranty that includes materials
and labor. The Proposer has the primary responsibility to submit, as a part of Tab 7, product specific
warranty as required and accepted by industry standards. Dealer /Distributors agree to assist the purchaser
in reaching a solution in a dispute over warranty's terms with the manufacturer. Any manufacturer's
warranty which is effective past the expiration of the warranty will be passed on to the NJPA member.
Failure to submit a minimum warranty may result in the non - award.
1.38 Proposer's Warrants: The Proposer warrants all goods and services furnished hereunder will be
free from liens and encumbrances; and defects in design, materials, and workmanship; and will conform
in all respects to the terms of this RFP including any specifications or standards. In addition,
Proposer /Vendor warrants the goods and services are suitable for and will perform in accordance with the
purposes for which they were intended.
G. CERTIFICATION — FIRM OFFER TO CONTRACT
1.39 By execution and delivery of a proposal, Proposer certifies:
I . The submission of the offer did not involve collusion or any other anti- competitive practices;
2. The Proposer /Vendor shall not discriminate against any employee or applicant for employment
in violation of Federal and State Laws (see Federal Executive Order 11246);
3. The Proposer has not given, offered to give, nor intends to give at any time hereafter any
economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or
service to a public servant in connection with the submitted offer (see Gratuities); and,
4. The Proposer agrees to promote and offer to Members only those products /services and /or
services as previously stated, allowed, and deemed a resultant of the contract(s) as NJPA
contract items or services. This clause shall include any future product or service additions as
allowed through Contract additions.
1.40 A response to this RFP is a firm offer to Contract with the NJPA based upon the goals, intent, terms,
and conditions and scope of products /services contained in and referenced to in this invitation.
1.41 All stated terms and conditions, expectations to include the goals, intent and scope of this RFP as
described as a part of this RFP, are to be considered binding under the signatures of authorized parties and
are part of the Contract.
H. PRE- PROPOSAL CONFERENCE
1.42 A Pre - Proposal Conference (Webcast — Conference Call) will be held at the date and time identified
on the title page for this proposal.
1.43 An invitation with access instructions will be sent via e -mail to all inquirer's the morning following
the deadline for proposal inquiries (the day before the conference).
1.44 The purpose for the conference is to allow for questions from the Potential Bidders AND to allow for
input from the Potential Bidders regarding perceived improvements to this RFP.
1. D 'INITIONS
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A. PROPOSER - VENDOR
2_1 Exclusive Vendor- A sole Vendor awarded in a product category. NJPA reserves the right to award
to an Exclusive Vendor in the event that such an award is in the best interests of NJPA Members. Such a
Proposer must exhibit the ability to offer an outstanding overall program and demonstrate the ability and
willingness to serve NJPA Members in all 50 states, and comply with all other requirements of this RFP.
2_2 Potential Proposer- A person or entity requesting a copy of this RFP.
2_3 Proposer- A company, person, or entity delivering a timely response to this RFP.
2_4 Vendor- One of a number of Proposers whose proposal has been awarded a contract pursuant to this
RFP.
2_5 Request for Proposal- Herein referred to as RFP
B. CONTRACT
2_6 "Contract" as used herein shall mean cumulative documentation consisting of this RFP, an entire
Proposer's response, and a fully executed "Acceptance and Award" pursuant to this RFP.
C. TIME
2.7 Periods of time, stated as number of days, shall be in calendar days.
D. PROPOSER'S RESPONSE
2_8 A Proposer's Response is the entire collection of documents as they are received by NJPA from a
Potential Proposer in response to this RFP.
E.CURRENCY
F. FOB
2_9 All transactions are payable in U.S. dollars on U.S. sales. All administrative fees are to be paid in
U.S. dollars.
2.10 FOB stands for "Freight On Board" and defines the point at which responsibility for loss and
damage of goods purchased are transferred from Seller to Buyer. "FOB Destination" defines the transfer
of responsibility for loss are transferred from Seller to Buyer at the Buyer's designated delivery point.
2.11 FOB does not identify whom is responsible for the costs of shipping. The responsibility for the costs
of shipping is addressed elsewhere in this document.
2. INSTRUCTIONS TO PREPARING YOUR PROPOSAL
A. PRE - PROPOSAL CONFERENCE
3_1 A non - mandatory pre - proposal conference will be held at the date and time specified in the time line
on page one of this RFP. Conference call and web connection information will be sent to all Potential
Proposers through the same means employed in their inquiry. The purpose of this conference call is to
allow Potential Proposers to ask questions regarding this RFP. Only answers issued in writing by NJPA
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to questions asked before or during the Pre - proposal Conference shall be considered binding.
B. IDENTIFICATION OF KEY PERSONNEL
3_2 Vendor will designate one senior staff individual who will represent the awarded Vendor to NJPA.
This contact person will correspond with members for technical assistance, questions or problems that
may arise including instructions regarding different contacts for different geographical areas as needed.
3_3 Individuals should also be identified (if applicable) as the primary contacts for the contents of this
proposal, marketing, sales, and any other area deemed essential by the Proposer.
C. PROPOSER'S EXCEPTIONS TO TERMS AND CONDITIONS
3_4 Any exceptions, deviations, or contingencies a Proposer may have to the terms and conditions
contained herein must be documented on Form C.
3_5 Exceptions, Deviations or contingencies stipulated in Proposer's Response, while possibly necessary
in the view of the Proposer, may result in disqualification of a Proposal Response.
D. FORMAL INSTRUCTIONS TO PROPOSERS
3_6 It is the responsibility of all Proposers to examine the entire RFP package, to seek clarification of any
item or requirement that may not be clear and to check all responses for accuracy before submitting a
Proposal. Negligence in preparing a Proposal confers no right of withdrawal after the deadline for
submission of proposals.
3_7 All proposals must be sent to "The National Joint Powers Alliance ®, 200 1" ST NE Staples, MN
56479."
3_8 Format for bid response: All proposals must be physically delivered to NJPA® at the above address
in the following format:
3.8.1 Hard copy Original signed, completed, and dated forms C,D, E, H, and I from this RFP,
3.8.2 Hard copies of all addenda issued for the RFP with original counter signed by the Proposer,
3.8.3 Certificate of insurance verifying the coverage identified in this RFP,
3.8.4 Two complete copies of your response on A CD (Compact Disc) or flash drive containing
completed Forms A,B,C,D,E,H, and I, and your statement of products and pricing together with
all appropriate attachments
3_9 All Proposal forms must be legible. All appropriate forms must be executed by an authorized
signatory of the Proposer. Blue ink is preferred for signatures.
3.10 Proposal submissions should be submitted using the electronic forms provided. If a Proposer chooses
to use alternative documents for their response, the proposer will be responsible for ensuring the content
is effectively equal to the NJPA form and the document is in a format readable by NJPA.
3.11 It is the responsibility of the Proposer to be certain the proposal submittal is in the physical
possession of NJPA on or prior to the deadline for submission of proposals.
3.11.1 Proposals must be submitted in a sealed envelope or box properly addressed to NJPA and
prominently identifying the proposal number, proposal category name, the message "Hold for
Proposal Opening ", and the deadline for proposal submission. NJPA cannot be responsible for
late receipt of proposals. Proposals received by the correct deadline for proposal submission will
be opened and the name of each Proposer and other appropriate information will be publicly read.
3.12 Corrections, erasures, and interlineations on a Proposer's Response must be initialed by the
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authorized signer in original ink on all copies to be considered.
3.13 Addendums to the RFP: The Proposer is responsible for ensuring receipt of all addendums to this
RFP.
3.13.1 Proposer's are responsible for checking directly with NJPA, or checking the NJPA website
for addendums to this RFP.
3.13.2 Addendums to this RFP can change terms and conditions of the RFP including the
deadline for submission of proposals.
F. QUESTIONS AND ANSWERS ABOUT THIS RFP
3.14 Upon examination of this RFP document, Proposer shall promptly notify the Manager of Bids and
Contracts of any ambiguity, inconsistency, or error they may discover. Interpretations, corrections and
changes to this RFP must be made by addendum. Interpretations, corrections, or changes made in any
other manner will not be binding and Proposer shall not rely upon such.
3.15 Submit all questions about this RFP, in writing, referencing "PASSENGER CARS, LIGHT
DUTY, MEDIUM DUTY, AND HEAVY DUTY TRUCKS WITH RELATED ACCESSORIES to
Gregg Meierhofer, NJPA, 200 First Street NE, Staples, MN 56479 or RFP @njpacoop.org. Those not
having access to the Internet may call Gregg Meierhofer at (218) 894 -1930 to determine if addenda have
been issued or to request copies of the RFP. Requests for additional information or interpretation of
instructions to Proposers or technical specifications shall also be addressed to Gregg Meierhofer. NJPA
urges Potential Proposers to communicate all concerns well in advance of the deadline to avoid
misunderstandings. Questions received less than seven (7) days ending at 4:00 p.m. Central Time of the
seventh (7h) calendar day prior to proposal due -date cannot be answered.
3.16 If the answer to a question is deemed by NJPA to have a material impact on other potential proposers
or the RFP itself, the answer to the question will become an addendum to this RFP.
3.17 If the answer to a question is deemed by NJPA to be a clarification of existing terms and conditions
and does not have a material impact on other potential proposers or the RFP itself, no further
documentation of that question is required.
3.18 As used in this solicitation, clarification means communication with a Potential Proposer for the sole
purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in the RFP.
3.19 Addenda are written instruments issued by NJPA that modify or interpret the RFP. All addenda
issued by NJPA shall become a part of the RFP. Addenda will be delivered to all Potential Proposers
using the same method of delivery of the original RFP material. NJPA accepts no liability in connection
with the delivery of said materials. Copies of addenda will also be made available on the NJPA website
at www.njpacoop.org by clicking on "Current Proposals" and from the NJPA offices. No addenda will be
issued later than five (5) days prior to the deadline for receipt of proposals, except an addendum
withdrawing the request for proposals or one that includes postponement of the date of receipt of
proposals. Each Potential Proposer shall ascertain prior to submitting a Proposal that it has received all
addenda issued, and the Proposer shall acknowledge their receipt in its Proposal Response.
3.20 An amendment to a submitted proposal must be in writing and delivered to NJPA no later than the
time specified for opening of all proposals.
G. MODIFICATION OR WITHDRAWAL OF A SUBMITTED PROPOSAL
3.21 A submitted proposal may not be modified, withdrawn from or cancelled by the Proposer for a
period of ninety (90) days following the date proposals were opened regarding this RFP. Prior to the
deadline for submission of proposals, any proposal submitted may be modified or withdrawn by notice
to the NJPA Manager of Bids and Contracts. Such notice shall be submitted in writing and include the
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signature of the Proposer and shall be delivered to NJPA prior to the deadline for submission of
proposals and it shall be so worded as not to reveal the content of the original proposal. However, the
original proposal shall not be physically returned to the Potential Proposer until after the official
proposal opening. Withdrawn proposals may be resubmitted up to the time designated for the receipt of
the proposals if they are then fully in conformance with the Instructions to Proposer.
H. VALUE ADDED ATTRIBUTES, PRODUCTS /SERVICES
3.22 Examples of Value Added Attributes: Value -Added attributes, products and services are items
offered in addition to the products and services being proposed which adds value to those items being
proposed. The availability of a contract for maintenance or service after the initial sale, installation, and
set -up may, for instance, be "Value Added Services" for products where a typical buyer may not have the
ability to perform these functions.
3.23 Where to document Value Added Attributes: The opportunity to indicate value added dimensions
and such advancements will be available in the Proposer's Questionnaire and Proposer's product and
service submittal and must be tabbed under Tab 5.
3.24 Value added products /services and expanded services, as they relate to this RFP, will be given
positive consideration in the award selection. Consideration will be given to an expanded selection of
PASSENGER CARS, LIGHT DUTY, MEDIUM DUTY, AND HEAVY DUTY TRUCKS WITH
RELATED ACCESSORIES, and advances to provide products /services, supplies meeting and /or
exceeding today's industry standards and expectations. A value add would include a program or service
that further serves the members needs above and possibly beyond standard expectation and complements
the products /services and training. Value added could include areas of product and service, sales,
ordering, delivery, performance, maintenance, technology, and service that furthers the functionality and
effectiveness of the procurement process while remaining within the scope of this RFP.
3.25 Minority, Small Business, and Women Business Enterprise (WMBE) participation: It is the
policy of some NJPA Members to involve Minority, Small Business, and WMBE contractors in the
purchase of goods and services. Vendors should document WMBE status for their organization AND any
such status of their affiliates (i.e. Supplier networks) involved in carrying out the activities invited. The
ability of a Proposer to provide "Credits" to NJPA and NJPA Members in these subject areas, either
individually or through related entities involved in the transaction, will be evaluated positively by NJPA.
NJPA is committed to facilitating the realization of such "Credits" through certain structuring techniques
for transactions resulting from this RFP.
3.26 Environmentally Preferred Purchasing Opportunities: There is a growing trend among NJPA
Members to consider the environmental impact of the products /services they purchase. Please identify
any "Green" characteristics of the goods and services in your proposal and identify the sanctioning body
determining that characteristic. Where appropriate, please indicate which products have been certified as
"green" and by which certifying agency.
3.27 On -Line Requisitioning systems: When applicable, on -line requisitioning systems will be viewed
as a value -added characteristic. Proposer shall include documentation about user interfaces that make on-
line ordering easy for NJPA Members as well as the ability to punch -out from mainstream eProcurement
or Enterprise Resource Planning (ERP) systems that NJPA Members may currently utilize.
3.28 Financing: The ability of the Proposer to provide financing options for the products and services
being proposed will be viewed as a Value Added Attribute.
1. CERTIFICATE OF INSURANCE
3.29 Proposer shall procure and maintain insurance which shall protect the Proposer and NJPA (as an
additional insured) from any claims for bodily injury, property damage, or personal injury covered by the
indemnification obligations set forth herein. The Proposer shall procure and maintain the insurance
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policies described below at the Proposer's own expense and shall furnish to NJPA an insurance certificate
listing the NJPA as certificate holder and as an additional insured. The insurance certificate must
document that the Commercial General Liability insurance coverage purchased by the Proposer includes
contractual liability coverage applicable to this Contract. In addition, the insurance certificate must
provide the following information: the name and address of the insured; name, address, telephone number
and signature of the authorized agent; name of the insurance company (authorized to operate in all fifty
United States); a description of coverage in detailed standard terminology (including policy period, policy
number, limits of liability, exclusions and endorsements); and an acknowledgment of notice of
cancellation to the NJPA.
3.30 Proposer is required to maintain the following insurance coverage's during the term of the NJPA
Contract:
(1) Workers Compensation Insurance (Occurrence) with the following minimum coverage's: Bodily
injury by accident - -per employee $100,000; Bodily injury by disease - -per employee $100,000; Policy
limits $500,000. In addition, Proposer shall require all subcontractors occupying the premises or
performing work under the contract to obtain an insurance certificate showing proof of Workers
Compensation Coverage with the following minimum coverage's: Bodily injury by accident - -per
employee $100,000; Bodily injury by disease - -per employee $100,000; Policy limits $500,000.
(2) Commercial General Liability Policy per occurrence $1,000,000.
(3) Business Auto Policy to include but not be limited to liability coverage on any owned, non-
owned and hired vehicle used by Proposer or Proposer's personnel in the performance of this
Contract. The Business Automobile Policy shall have a per occurrence limit of $1,000,000.
3.31 The foregoing policies shall contain a provision that coverage afforded under the policies will not be
canceled, or not renewed or allowed to lapse for any reason until at least thirty (3 0) days prior written
notice has been given to NJPA. Certificates of Insurance showing such coverage to be in force shall be
filed with NJPA prior to commencement of any work under the contract. The foregoing policies shall be
obtained from insurance companies licensed to do business nationally and shall be with companies
acceptable to NJPA, which must have a minimum AM Best rating of A -. All such coverage shall remain
in full force and effect during the term and any renewal or extension thereof.
3.32 Within ten (10) days of contract award, the Proposer must provide NJPA with two (2) Certificates of
Insurance. Certificates must reference NJPA RFP 102811 by number.
J. ORDER PROCESS AND /OR FUNDS FLOW
3.33 Please propose an order process and funds flow in Tab 6 for your proposal. Please choose from one
of the following:
3.33.1 B -TO -G: The Business -to- Government order process and /or funds flow model involves
NJPA Members issuing Purchase Orders directly to a Vendor and pursuant to a Contract resulting
from this RFP.
3.33.3 Other: Please fully identify.
K. ADMINISTRATIVE FEES
3.34 Proposer agrees to authorize and /or allow for an administrative fee payable to NJPA by an Awarded
Vendor in exchange for its facilitation and marketing of a Contract resulting from this RFP to current and
potential NJPA Members. This Administration Fee shall be:
3.34.1 Calculated as a percentage of the dollar volume of all products /services provided to and
purchased by NJPA Members or calculated as reasonable and acceptable method applicable to the
contracted transaction, and
3.34.2 Included in, and not added to, the pricing included in Proposer's Response to this RFP, and
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3.34.3 Set based on the anticipated costs of NJPA's involvement in facilitating the establishment,
Vendor training, and the order /product/funds flow of the Contract resulting from this RFP.
3.34.3.1 Typical administrative fees for a B -TO -G order process and funds flow is 2.0 %.
3.35 The opportunity to propose these factors and an appropriate administrative fee is available in the
Proposer's Questionnaire, and submitted in Tab 9 of your response.
4, PRICING STR: TF.GILS
4_1 NJPA requests Potential Proposers respond to this RFP only if they are able to offer a wide array of
products /services and at prices lower and better value than what they would ordinarily offer to single
government agency, larger school district, or regional cooperative.
4_2 RFP is an "Indefinite Quantity Product/Service Price Request" with potential national sales
distribution and service. Proposers are agreeing to fulfill Contract obligations regarding each
product/service to which you provide a description and a price. If Proposer's solution requires additional
supporting documentation, describe where it can be found in your submission. If Proposer offers the
solution in an alternative fashion, describe your solution to be easily understood. All pricing must be
tabbed and organized under Tab 9, and copied on a CD along with other requested information as a part
of a Proposer's Response.
4_3 Regardless of the payment method selected by NJPA or NJPA Member, a total cost associated with
any purchase option of the products /services and being supplied must always be disclosed at the time of
purchase.
4_4 Primary Pricing /Secondary Pricing Strategies- All Proposers will be required to submit "Primary
Pricing in the form of either Line -Item Pricing, or _ ..__..__g_ D.____... ___._. _____._c ..._.ng, or a
combination of these pricing strategies. Proposers are also encouraged to offer OPTIONAL pricing
strategies including "Hot List," "Sourced Goods," and "Volume Discounts," as well as financing options
such as leasing.
4_5 Government Price Assistance- It is understood that a component of the pricing to be offered to this
solicitation is "Government Price Assistance" from the respective OEM manufacturers. Prices quoted on
vehicles including "Government Price Assistance" are available only to NJPA Members qualifying for
"Government Pricing Assistance ".
4.5.1 For NJPA Members not qualifying for "Governmental Price Assistance" (Non - Profits for
example) all other manufacturer rebates applicable at the time of delivery.
A. LINE -ITEM PRICING
4_6 Line -Item pricing- A pricing format where specific individual products and /or services are offered at
specific individual Contract prices. Products and /or services are individually priced and described by
characteristics such as manufacture name, stock or part number, size, or functionality. This method of
pricing offers the least amount of confusion as products and prices are individually identified, however
Proposers with a large number of products to propose may find this method cumbersome. In these
situations, a per e tage discount from catalog or category pricing model may make more sense.
4_7 Format: Line Item vehicle pricing for this RFP must be submitted using attached "Price Form P1 ".
The intent here is to describe and price a "Base" vehicle in each of eight classes AND also offer, on an ala
carte basis, options (both Manufacturer Options and Dealer Options) to customize each vehicle offered.
4_8 All Line -Item Pricing items must be numbered, organized, sectioned, including SKU's (when
applicable) and easily understood by the Proposal Review Committee and members.
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4_9 Line -Item Pricing items are to be submitted in an Excel spreadsheet format provided and are to
include all appropriate identification information necessary to discern the line item from other line items
in each Proposer's proposal.
4.10 The purpose for the excel spreadsheet format for Line -Item Pricing is to be able to use the "Find"
function to quickly find any particular item of interest. For that reason, Proposers are responsible for
providing the appropriate product and service identification information along with the pricing
information which is typically found on an invoice or price quote for such products and services.
4.11 All products and services typically appearing on an invoice or price quote must be individually
priced and identified on the line -item price sheet, including any and all ancillary costs.
4.12 Proposers are asked to provide both a "List" price as well as a "Proposed Contract Price" in their
pricing matrix. "List" price will be the standard "quantity of one" price currently available to government
and educational customers excluding cooperative and volume discounts
B. MASS PRODUCED PRODUCTION VEHICLES
4.13 Original Equipment from the Manufacturer (OEM) mass production vehicles will be priced using
the pricing sheets attached as "Attachment P" and executed according to the instructions contained on the
first tab of that attachment.
C. ALL OTHER VEHICLES AND ACCESSORIES.
4.14 Please use the general descriptions for "Line Item Pricing ". A format is not specified for these
items beyond those provided in "Line Item Pricing ". Please use a format which fully identifies and
prices the goods and services being offered.
D. TAX AND OTHER CREDITS.
4.15 Tax and other credits accruing to the vehicle being purchased which are not applicable to an NJPA
Member will accrue to the benefit of the Awarded Contractor.
E. HOT LIST PRICING
4.16 Where applicable, NJPA also invites the Vendor, at their option, to offer a specific selection of
products /services, defined as a Hot List Pricing, at greater discounts than those listed in the standard
Contract pricing. All product /service pricing, including the Hot List Pricing, must be submitted in hard
copy as well as electronically provided in Excel format. Hot List pricing must be submitted in a Line -
Item format. Providing a "Hot List" of products /services is optional. Products /services may be added or
removed from the "Hot List" at any time provided that current "Hot List" prices are provided to NJPA at
all times.
4.17 Hot List pricing when applicable may also be used to discount and liquidate close -out and
discontinued products /services as long as those close -out and discontinued items are clearly labeled as
such. Current ordering process and administrative fees apply. This option must be published and made
available to all NJPA Members.
4.18 Hot List Pricing is allowed to change at the discretion of the Vendor within the definition of Hot List
Pricing. The Vendor is responsible to maintain current Hot List product/service descriptions and Pricing
with NJPA.
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E. CEILING PRICE
4.19 Proposal pricing is to be established as a ceiling price. At no time may the proposed
products /services be offered pursuant to this Contract at prices above this ceiling price without approval
by NJPA. Prices may be reduced to allow for volume considerations and to meet the specific and unique
needs of an NJPA Member.
4.20 Allowable specific needs may include certain purchase volume considerations or the creation of
custom programs based on the individual needs of NJPA Members.
F. VOLUME PRICE DISCOUNTS
4.21 Proposers are free to offer volume discounts from the quantity -of -one pricing documented in a
Contract resulting from this RFP. Volume considerations shall be determined between the Vendor and
individual NJPA Members on a case -by -case basis.
4.22 Nothing in this Contract establishes a favored member relationship between the NJPA or any NJPA
Member and the Vendor. The Vendor will, upon request by NJPA Member, extend this same reduced
price offered or delivered to another NJPA Member provided the same or similar volume commitment,
specific needs, terms, and conditions, a similar time frame, seasonal considerations and provided the same
manufacturer support is available to the Vendor.
4.23 All price adjustments are to be offered equally to all NJPA Members exhibiting the same or
substantially similar characteristics such as purchase volume commitments, and timing including the
availability of special pricing from the Vendor's suppliers.
G. SOURCED GOODS
4.24 NJPA and NJPA Members may, from time to time, request goods and /or products /services within
the scope of this RFP which are not included in an awarded Vendor's line -item product /service listing or
"list or catalog" known as Sourced Goods.
4.25 An awarded Vendor resulting from this RFP may "Source" these products /services for NJPA or
NJPA Member to the extent they:
4.25.1 Include in their bid response a cost - plus - percentage -of -cost pricing factor for such Sourced
goods and services, and
4.25.2 Provide as many quotes for the Member's "Total Cost of Acquisition" for the goods and
services to be sourced as may reasonably be required by NJPA Member.
4.25.3 Provide "Sourced Goods" only to the extent that they are incidental to the total transaction
being contemplated.
H. COST PLUS A PERCENTAGE OF COST
4.26 Except as provided in "Sourced Goods" above, cost plus a percentage of cost as a primary pricing
mechanism is not desirable.
I. TOTAL COST OF ACQUISITION
4.27 The Total Cost of Acquisition for the products /services being proposed, including those payable by
NJPA Members to either the Proposer or a third party, shall be disclosed in the Proposer's Response
including but not limited to:
• The capitalized cost of the listed products /services being proposed,
• The cost of accessories, alterations, and customizations typically incurred in the acquisition of the
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products /services being proposed.
The cost of delivery, setup and installation (where applicable) of the products /services and any
accessories being proposed.
Other costs, where applicable, typically associated with the purchase, delivery, set -up, and
installation of the products /services being proposed and making it operational at the purchaser's
site.
4.28 The Total Cost of Acquisition is to be stated "As Proposed." As an example, a materials only
proposal, or portions of proposals, must include the total cost of acquisition for those materials delivered.
In contrast, the Total Cost of Acquisition for a turn-key proposal must include the total costs to be
incurred in the process of delivering that combination of products /services.
REQUESTING PRODUCT AND SERVICE ADDITIONS /DELETIONS
4.29 Requests for product, service, and price additions, deletions, or changes must be made in written
form and shall be subject to approval by NJPA.
4.30 New products /services may be added to a Contract resulting from this RFP at any time during that
Contract to the extent those products /services are within the scope of this RFP. Those requests are subject
to review and approval of NJPA. Allowable new products /services generally include new updated
models of products /services and or enhanced services previously offered which could reflect new
technology and improved functionality.
4.31 Proposers representing multiple manufacturers, or carrying multiple related product lines may also
request the addition of new manufacturers or product lines to their Contract to the extent they remain
within the scope of this RFP.
4.32 NJPA's due diligence in analyzing any request for change is to determine if approval of the request
is 1) within the scope of the original RFP, and 2) in the "Best Interests of NJPA and NJPA Members."
We are looking for consistent pricing and delivery mechanisms and an understanding of what value the
proposal brings to NJPA and NJPA Members.
4.33 Documenting the "Best Interests of NJPA and NJPA Members" when out -dated equipment is being
deleted is fairly straight forward since the product is no longer available and not relevant to the
procurement Contract.
4.34 Requests must be in the form of 1) a cover letter to NJPA a) asking to add the product line, b)
making a general statement identifying how the products to be added are within the scope of the original
RFP, and c) making a general statement identifying that, if appropriate, the pricing is consistent with the
existing Contract pricing and 2) the detail as to what is being added at what price will then be an
attachment to that cover letter.
4.35 NJPA's intent here is to encourage Proposers to provide and document NJPA's due diligence in a
clear and concise one page format on which we can stamp and sign our acknowledgment and acceptance.
This information must ultimately come from Proposers, and NJPA is requiring it in this format.
K. REQUESTING PRICING CHANGES
4.36 Price Decreases: Requests for standard Contract price decrease adjustments diseettH4
iner-eases) are encouraged and will be allowed at any time based on market place efficiencies, market
place competitiveness, improved technologies and /or improved methods of delivery or if Vendor engages
in innovative procurement practices such as strategic sourcing, aggregate and volume purchasing. NJPA
expects Vendors to propose their very best prices and anticipates price reductions due to the advancement
of technologies and market place efficiencies. Documenting the "Best Interests of NJPA and NJPA
Members" is pretty easy when we are documenting price reductions.
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4.37 Price increases: Requests for standard contract price increases (or the inclusion of new generation
products /services /services at higher prices) can be made at any time. These requests will again be
evaluated by NJPA based on the best interests of NJPA and NJPA Members. As an example, typically
acceptable requests for price increases for existing products /services may cite increases to the Vendor of
input costs such as petroleum or other applicable commodities. Typically acceptable requests for price
increases for new products /services enhance or improve on the current solutions currently offered as well
as cite increases in utility of the new compared to the old. Vendors are requested to reasonably document
the claims cited in their requests. Your written request for a price increase, therefore, is an exercise in
describing what you need, and a justification for why you need it in sufficient detail for NJPA to deem
such change to be in the best interests of our self and our Members.
4.37 Price Change Request Format: An awarded Proposer will use the format of a cover letter
requesting price increases in general terms (a 5% increase in product line X) and stating their justification
for that price increase (due to the recent increase in petroleum costs) by product category. Specific details
for the requested price change must be attached to the request letter identifying product/services where
appropriate, both current and proposed pricing. Attachments such as letters from suppliers announcing
price increases are appropriate for documenting your requests here.
L. PRICE AND PRODUCT CHANGES FORMAT
4.39 NJPA's due diligence regarding product and price change requests is to consider the reasonableness
of the request and document consideration on behalf of our members. We would appreciate it if you
would send the following documentation to request a pricing change:
4.39.1 A cover letter:
a. Please address the following subjects in your cover letter:
i. What product /service prices are changing?
ii. How much are the prices changing?
iii. Why are the prices changing?
iv. Any additions or deletions from the previous product list and the reason for
the changes.
b. The specifics of the product /services and price changes will be listed in the excel
spreadsheets indentified below. Please take a more general "Disclosure" approach to
identifying changes in the cover letter.
i. If appropriate, for example, state, "All paper products /services increased 5 %
in price due to transportation costs."
ii. If appropriate, for instance, state, "The 6400 series floor polisher added to the
product list is the new model replacing the 5400 series. The 6400's 3% price
increase reflects the rate of inflation over the past year. The 5400 series is now
included in the "Hot List" at a 20% discount from previous pricing until
remaining inventory is liquidated."
4.39.2 An excel spreadsheet identifying all products /services being offered and their pricing.
Each subsequent pricing update will be saved using the naming convention of "[Vendor Name]
pricing effective XX/XX/XXXX."
a. Include all products /services regardless of whether their prices have changed. By
observing this convention we will:
i. Reduce confusion by providing a single, easy to find, current pricing sheet for
each Vendor.
ii. Create a historical record of pricing.
M. SINGLE STATEMENT OF PRICING /HISTORICAL RECORD OF PRICING
4.40 Initially; and with each request for product addition, deletion, and pricing change; all
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products /services and services available, and the prices for those products /services and services will be
stated in an Excel workbook. The request for price changes described above will serve as the
documentation for those requested changes. Each complete pricing list will be identified by its "Effective
Date." Each successive price listing identified by its "Effective Date" will create a "Product and Price
History" for the Contract.
4.41 Proposers may use the multiple tabs available in an Excel workbook to separately list logical product
groupings or to separately list product and service pricing as they see fit.
4.42 All products /services together with their pricing, whether changed within the request or remaining
unchanged, will be stated on each "Pricing" sheet created as a result of each request for product, service,
or pricing change.
4.43 Each subsequent "Single Statement of Product and Pricing" will be archived by its effective date
therefore creating a product and price history for any Contract resulting from this RFP.
N. PAYMENT TERMS
4.44 Payment terms will be defined by the Proposer in the Proposer's Response. Proposers are
encouraged to offer payment terms through P Card services.
4.45 Leasing- If available, identify any leasing programs available to NJPA and NJPA Members as part of
your proposed. Proposers should submit an example of the lease agreement to be used. Proposers should
identify:
• General leasing terms such as:
• The percentage adjustment over /under an index rate used in calculating the internal rate
of return for the lease; and
• The index rate being adjusted; and
• The "Purchase Option" at lease maturity ($1, or fair market value); and
• The available term in months of lease(s) available.
* Leasing company information such as:
• The name and address of the leasing company; and
• Any ownership, common ownership, or control between the Proposer and the Leasing
Company
O. SALES TAX
4.46 Sales and other taxes and all applicable title transfer fees, where applicable, shall not be included in
the prices quoted. Vendor will charge state and local sales and other taxes on items for which a valid tax
exemption certification has not been provided. Each NJPA Member is responsible for providing
verification of tax exempt status to Vendor. When ordering, if applicable, NJPA Members must indicate
that they are tax exempt entities. Except as set forth herein, no party shall be responsible for taxes
imposed on another party as a result of or arising from the transactions contemplated by a Contract
resulting from this RFP.
P. SHIPPING AND SHIPPING PROGRAM
4.47 Shipping program for material only proposals, or sections of proposals, must be defined and tabbed
under Tab 9 as a part of the cost of goods. If shipping is charged to NJPA or NJPA Member, only the
actual cost of delivery may be added to an invoice. Shipping charges calculated as a percentage of the
product price may not be used, unless such charges are lower than actual delivery charges. No COD
orders will be accepted. It is desired that delivery be made within ninety -days (90) of receipt of the
Purchase Order.
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4.48 Any shipping cost charged to NJPA or NJPA Members will be considered to be part of "proposal
pricing."
4.49 Additional costs for expedited deliveries or additional goods or services required by the end -user will
be at the expense to the NJPA Member /End User.
4.50 Selection of a carrier for shipment will be the option of the party paying for said shipping. Use of
another carrier will be at the expense of the requester.
4.51 Proposers must define their shipping programs for Alaska and Hawaii and any location not served by
conventional shipping services. Over -size and over - weight items and shipments may be subject to
custom freight programs.
4.52 Proposals containing restocking fees are less advantageous than those not containing re- stocking
fees. That being said, certain industries cannot avoid restocking fees. Certain industries providing made to
order goods may not allow returns. With regard to returns and restocking fees, Proposers will be
evaluated based on the relative flexibility extended to NJPA and NJPA Members relating to those
subjects. Where used, restocking fees in excess of 15% will not be considered excessive. Restocking fees
may be waived, at the option of the Proposer /Vendor. Indicate all shipping and re- stocking fees in price
program under Tab 9.
4.53 Proposer agrees shipping errors will be at the expense of the Vendor. For example, if a Vendor ships
a product that was not ordered by the member, it is the responsibility of the Vendor to pay for return mail
or shipment at the convenience of the member.
4.54 Unless specifically stated otherwise in the "Shipping Program" of a Proposer's Response, all prices
quoted must be F.O.B. destination with the freight prepaid by the Vendor. Time is of the essence on this
Contract. If completed deliveries are not made at the time agreed, NJPA or NJPA Member reserves the
right to cancel and purchase elsewhere and hold Vendor accountable. If delivery dates cannot be met,
Vendor agrees to advise NJPA or NJPA Member of the earliest possible shipping date for acceptance by
NJPA or NJPA Member.
4.55 Goods and materials must be properly packaged. Damaged goods and materials will not be
accepted, or if the damage is not readily apparent at the item of delivery, the goods shall be returned at no
cost to NJPA or NJPA Member. NJPA and NJPA Members reserve the right to inspect the goods at a
reasonable time subsequent to delivery where circumstances or conditions prevent effective inspection of
the goods at the time of delivery.
4.56 Vendor shall deliver Contract conforming products in each shipment and may not substitute products
without approval from NJPA Member.
4.57 NJPA reserves the right to declare a breach of Contract if the Vendor intentionally delivers
substandard or inferior products which are not under Contract and described in its paper or electronic
price lists or sourced upon request to any member under this Contract. In the event of the delivery of a
non - conforming product, NJPA Member will immediately notify Vendor and Vendor will replace non-
conforming product with conforming product.
4.58 Throughout the term of the Contract, Proposer agrees to pay for return shipment on goods that arrive
in a defective or inoperable condition. Proposer must arrange for the return shipment of damaged goods.
4.59 Unless contrary to other parts of this solicitation, if the goods or the tender of delivery fail in any
respect to conform to this Contract, the purchasing member may: 1) reject the whole, 2) accept the whole
or 3) accept any commercial unit or units and reject the rest.
Q. NORMAL WORKING HOURS
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4.60 Prices quoted are for products /services delivered during normal business hours. Normal Business
hours will be as specifically defined herein, defined through industry standards OR defined through
statement contained in the purchase /work order issued pursuant to a Contract resulting from this RFP.
I\/iAI'K.1=T1N( I'IAKKK
5_1 Internal Marketing Plan: An award of Contract resulting from this RFP is an opportunity for the
awarded contractor to pursue commerce with, and deliver value to NJPA and NJPA Members nationwide.
An award of Contract is not an opportunity to see how much business NJPA can drive to an awarded
Vendor's door. Your internal marketing plan should serve to:
5.1.1 Identify the appropriate levels of sales management whom will need to understand the value
of, and the internal procedures necessary to deliver this Contract opportunity to NJPA and NJPA
Members through your sales force.
5.1.2 Identify, in general, your national foot print and dedicated feet -on- the - street sales force that
will be carrying this Contract message and opportunity in the field to NJPA Members. Outline the
sale force in terms of numbers and geographic distribution.
5.1.2.1 Identify whether your sales force are employees or independent contractors.
5.1.3 Identify your plan for delivering training to these individuals.
5.1.3.1 Will you have your sales force gathered at national or regional events in the near
future? Does you sales force have the ability to participate in webinar or webcast events?
5.1.3.2 NJPA is prepared to provide our personnel in your location for sales training
and /or on a webinar or webcast where sufficient efficiencies can be shown in reaching the
appropriate groups within your employee base, and sufficient numbers of personnel
trained.
5.1.4 Identify your personnel involved in training.
5.1.4.1 NJPA can provide personnel to deliver training regarding the Contract itself, the
authority of NJPA to offer the Contract vehicle to its Members, the value the Contract
vehicle delivers to NJPA and NJPA Members, the scope of NJPA Membership, and the
authority of NJPA Members to utilize our procurement contracts.
5.1.4.2 Your personnel will be needed to provide training regarding employee
compensation and internal procedures when delivering the Contract opportunity, and how
this Contract purchasing opportunity relates with other such opportunities available.
5_2 Success in marketing is dependent upon 1) the delivery of value as defined in section 1.4, 2) the
delivery of knowledge of the program and its proper use and utility, and 3) the delivery of opportunity
and reward which creates a personal commitment to the program. NJPA desires a marketing plan that:
5.2.1 identifies the value delivered in a competitively proposed national cooperative procurement
contract by relieving both the NJPA Member and the Vendor /Vendor's sales staff of the
responsibility for bringing and answering many similar and individual RFP's; and
5.2.2 identifies the appropriate Vendor personnel from both management and sales staff's who
will be trained on the use and utility of such a contract and a general schedule of when and how
those individuals will be trained; and
5.2.3 identifies in general how the reward system for the marketing, delivery, and service chain of
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the Vendor will be affected by the implementation of the proposed Contract and how that will be
proposed to those individuals in terms of the value created for them and their departments in 5. 1.1
above.
5_3 External Marketing Plan: NJPA is seeking the ability to serve all our current and potential members
nationwide. The Proposer must demonstrate the ability to both market and service their
products /services /services nationwide. Please demonstrate your sales and service force contains sufficient
people in sufficient proximities, to receive the knowledge, opportunity, and reward in order to make a
personal commitment to serving NJPA and NJPA Members nationwide.
5_4 The Proposer must exhibit the willingness and ability to develop marketing materials and participate
in marketing venues such as:
5.4.1 Printed Marketii- Materials. Proposer will initially produce and thereafter maintain full
color print advertisements in camera ready electronic format including company logos,
identifying the Vendor, the Vendor's general utility for NJPA and NJPA Members, and contact
information to be used by NJPA and NJPA Members in a full page, half page, and quarter page
formats. These advertisements will be used in the NJPA Catalog and publications.
5.4.2 Press releases and advertisements. Proposer will identify a marketing plan identifying their
anticipated press releases, contract announcements, advertisements in industry periodicals, or
other direct or indirect marketing activities.
5.4.3 Proposer's Website. Proposer will identify how an Awarded Contract will be displayed on
the Proposer's website. An on -line shopping experience for NJPA and NJPA Members is desired
when applicable and will be viewed as a value -added attribute to a Proposer's Response.
5.4.4 Trade Shows. Proposer will outline their proposed involvement in the promotion of a
Contract resulting from this RFP through trade shows. Vendors are encouraged to identify trade -
show, and other appropriate venues, for the promotion of any such Contract. Vendors are
strongly encouraged to participate in cooperation with NJPA at the following NJPA embraced
trade shows:
NAEP National Association of Education Procurement
I -ASBO International Association of School Business Officials
NIGP National Institute of Government Purchasing
5_5 Proposer must also work in cooperation with NJPA to develop a marketing strategy and provide
avenues to equally market and drive sales through the Contract and program to all NJPA Members
nationally. Awarded Vendor agrees to actively market in cooperation with NJPA all available
products /services to current and potential NJPA Members. NJPA reserves the right to deem a proposer
non - responsive or to waive an award based on an unacceptable marketing plan.
5_6 As a part of this response, submit a complete Marketing Plan on how you would help NJPA rollout
this program to current and potential NJPA Members. NJPA requires the Vendor actively promote the
Contract in cooperation with the NJPA. Vendors are advised to consider marketing efforts in the areas of
1) Website Link from Vendors website to NJPA's website, 2) Attendance and participation with a display
booth at national trade shows as agreed upon/required by NJPA, and 3) Sales team and sales training
programs involving both Vendor sales management and NJPA staff. NJPA requires awarded Vendors to
offer the NJPA Contract opportunity to all current and qualified NJPA Members.
5_7 Facilitating NJPA Membership: Proposer should express their commitment to determine the
membership status of their customers whom are eligible for NJPA Membership, AND their commitment
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to establishing that membership.
5.7.1 Membership information: Proposer should further express their commitment to capturing
sufficient member information as is deemed necessary by NJPA to appropriately facilitate
membership and certain marketing activities as agreed to by NJPA and an Awarded contractor.
6. PROPOSAL OPENING PROCEDURE
6.1 Sealed and properly identified Proposer's Responses for this RFP entitled "PASSENGER CARS,
LIGHT DUTY, MEDIUM DUTY, AND HEAVY DUTY TRUCKS WITH RELATED
ACCESSORIES" will be received by Gregg Meierhofer, Manager of Bids and Contracts, at NJPA
Offices, 200 First Street NE, Staples, MN 56479 until the deadline for receipt of, and bid opening
identified on page one of this RFP. The NJPA Director of Contracts and Marketing, or Representative
from the NJPA Proposal Review Committee, will then read the Proposer's names aloud. A summary of
the responses to this RFP will be made available for public inspection in the NJPA office in Staples, MN.
A letter or e-mail request is required to receive a complete RFP package. Send or communicate all
requests to the attention of Gregg Meierhofer 200 1st Street Northeast Staples, MN 56479 or
RFP @njpacoop.org to receive a complete copy of this RFP. Method of delivery needs to be indicated in
the request; an email address is required for electronic transmission. Oral, facsimile, telephone or
telegraphic Proposal Submissions or requests for this RFP are invalid and will not receive consideration.
All Proposal Responses must be submitted in a sealed package. The outside of the package shall plainly
identify "PASSENGER CARS, LIGHT DUTY, MEDIUM DUTY, AND HEAVY DUTY TRUCKS
WITH RELATED ACCESSORIES" To avoid premature opening, it is the responsibility of the
Proposer to label the Proposal Response properly.
7. EVALUATION OF PROPOSALS
A. PROPOSAL EVALUATION PROCESS
7_1 NJPA will use a 1,000 Point Evaluation System to help determine the best overall Proposer(s)
selection. Bonus points may be available for specific proposal characteristics identified such as "Green
Product Certifications."
7_2 NJPA reserves the right to use a "Cost Scoring Evaluation" through a product comparison process of
like products /services. This process will establish points for submitted price levels. See Cost Scoring
Evaluation.
7_3 NJPA shall use a final overall scoring system to include consideration for best price and cost
evaluation. The total possible score is 1,000 points. NJPA reserves the right to assign any number of
point awards or penalties it considers warranted if a Proposer stipulates exceptions, exclusions, or
limitations of liabilities.
7_4 To qualify for the final evaluation, a Proposer must have been deemed responsive as a result of the
criteria set forth under "Proposer Responsiveness."
7_5 Responses will be evaluated first for responsiveness and thereafter for content. The NJPA Board of
Directors will make awards to the selected Proposer(s) based on the recommendations of the Proposal
Review Committee.
7.6 The procurement activities of the NJPA Proposal Review Committee are limited to document
preparation, answering Proposer questions, advertising the solicitation, distribution of this RFP upon
request, conducting an evaluation and making recommendation for possible approval to NJPA Board of
Directors.
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B. PROPOSER RESPONSIVENESS
7_7 Proposer's Responses received after the deadline for submission will be invalid and returned to the
Potential Proposer unopened.
7_8 An essential part of the proposal evaluation process is an evaluation to qualify the Proposer being
considered. All proposals must contain answers or responses to the information requested in the proposal
forms. Any Proposer failing to provide the required documentation may be considered non - responsive.
7_9 Deviations or exceptions stipulated in Proposer's Response may result in the proposal being classified
as non responsive.
7.10 To qualify for evaluation, a proposal must have been submitted on time and materially satisfy all
mandatory requirements identified in this document. A proposal must reasonably and substantially
conform to all the terms and conditions in the solicitation to be considered responsive.
7.11 The Proposal Review Committee shall utilize the following criteria to evaluate all proposals
received. Items 1 -4 constitute the test for "Level One Responsiveness" and are determined on the
proposal opening date. "Level 2" responsiveness is determined through the evaluation of the
remaining items listed below. These items are not arranged in order of importance and each item
may encompass multiple areas of information requested.
1. The proposal response is received prior to the deadline for submission.
2. The proposal package was properly addressed and identified as a sealed bid with a specific
opening date and time.
3. The proposal response contains the required certificate of liability insurance.
4. The proposal response contains original signatures on all documents requiring such.
5. Response's conformance to terms and conditions as described in the solicitation, including
documentation.
6. Possesses qualifications as a responding Proposer that meets or exceeds those set within the
solicitation.
7. Information from references and past performance information including past member
approval.
8. Demonstrates that they offer the most current industry standard products /services and /or
services.
9. Demonstrates financial stability and a favorable banking line of credit.
10. Demonstrates their products /services and /or services proposed meet and /or exceed industry
standards accepted by educational or governmental institutions.
11. Has demonstrated market place success and their past performance exhibit an acceptable
reputation.
12. Demonstrates the company possesses the background, knowledge, capacity, and ability to sell,
deliver, and support products /services offered to Members.
13. Has provided documentation defining, outlining, and describing their concept of a national
marketing program they will be implementing to facilitate and coordinate the cooperative
activities required by an awarded Contract.
14. Has provided all of the required and applicable documentation required i.e. insurance
certificates, licenses, and /or registration certificates required to do business nationally.
15. Line -Item Pricing, in approved excel format, listing of all of the proposed products /services and
warranty provisions with their associated units of costs.
16. Core List selection of products /services in Line -Item Pricing format
17. Hot List Pricing products /services in a Line -Item Pricing format (where applicable).
18. Contract Pricing submitted as requested to include core list or products /services, Line -Item
ate.. „r. a Di .54- r, .lb1; 1;—i —d r 1 + - mall., .
Pricing and /Or n,��c�rL�,�;:.�.iac -� � �,.
C. PROPOSAL EVALUATION CRITERIA
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7.12 If a manufacturer or supplier chooses not to produce or supply goods and services to meet the scope
of this RFP, such action will be considered sufficient cause to reduce evaluation points.
7.13 Consideration will be given in the award based on the completion and degree of information
provided regarding available products, equipment, and accessories, as well as, applicable parts of the
Proposer Information and Questionnaire.
7.14 The fact a manufacturer or supplier chooses not to produce or provide equipment products or
services to meet the intent and scope of this RFP will not be considered sufficient cause to adjudge this
RFP as restrictive.
7.15 The Proposer is required to have extensive knowledge and at least three (3) years experience with the
related activities surrounding the selling of the equipment, service or related products offered.
7.16 NJPA reserves the right to accept or reject newly formed companies solely based on information
provided in the proposal and /or its own investigation of the company.
7.17 Consideration will be given in the proposal evaluation based upon the selection, variety,
technological advances, and demonstrated quality of products submitted, technological advances, and
pricing. The ability of the Proposer to communicate the value of these factors and to demonstrate how the
depth and breadth of their product and service offerings provide NJPA and NJPA Members with a sole
source of responsibility within the scope of this RFP will be positively reviewed.
7.18 Consideration will also be given to proposals demonstrating technological advances, provide
increased efficiencies, expanded service and other related improvements beyond today's NJPA member's
needs and applicable standards.
7.19 Strong consideration will be given to a Proposer's past performance, distribution model, and the
demonstration their ability to effectively market and service NJPA Membership nationally.
7.20 Strong consideration will be given to the best price as it relates to the quality of the product and
service. However, price is ultimately one of the factors taken into consideration in evaluation and award.
7.21 Evaluation of a Proposer's Responses will take into consideration as a minimum response but not
necessarily limited to the following:
1. Adherence to all requirements of this RFP as defined by industry standards.
2. Prior knowledge of and experience with a Proposer in terms of past performance and market
place success.
3. Capability of meeting or exceeding current and future needs or requirements of NJPA and
NJPA Members.
4. Evaluation of Proposer's ability to market to and provide service to all NJPA Members
nationally.
5. Financial condition of the Proposer.
6. Nature and extent of company data furnished in Proposer's Response.
7. Quality of products, equipment, and services offered including value added related services.
8. History of member service to NJPA type customers.
9. Overall ability to perform sales, solutions and contract support as submitted.
10. Ability to meet service and warranty needs.
11. History of meeting shipping and delivery expectations of contracted products/ services.
12. Technology advancements and related provisions.
13. Ability to market and promote the Contract within current business practices.
14. Willingness to develop and enter into NJPA Contract and business relations.
15. Favorable bond rating and applicable industry standard licensing ability.
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16. Past market place successes and brand recognition.
17. Demonstrated warranty and product /service responsibility.
7.22 The Proposer's ability to follow the proposal preparation instructions set forth in this solicitation
will also be considered to be an indicator of the Proposer's ability to follow other future instructions
should they receive an award as a result of this solicitation. Any Contract between NJPA and a Proposer
requires the delivery of information and data. The quality of organization and writing reflected in the
proposal will be considered an indication of the quality of organization and writing which would be
prevalent if a Contract was awarded. As a result, the proposal will be evaluated as a sample of data
submission.
7.23 Proposer's Financial Statements- The Proposer's financial statements are requested and reviewed to
get a general feel for the size, strength, and probable scope of the Proposer.
7.24 NJPA reserves the right to reject the Proposer's Response of the apparent successful Proposer where
the available evidence or information does not exhibit the ability or intent to satisfy NJPA that the
potential Vendor is unable to properly carry out the terms of this RFP and potential Contract.
7.25 NJPA shall reserve the right to reject any or all proposals. NJPA also reserves the right to reject a
proposal not accompanied by required certificate of insurance, other data required by this RFP, or if a
Proposer's Response is incomplete or irregular. The NJPA shall reject all proposals where there has been
collusion among the Proposers.
7.26 Overall Evaluation (FORM G) - The NJPA Proposal Review Committee will evaluate proposal
received based on a 1,000 point evaluation system. The Committee will establish both the evaluation
criteria and designate the relative importance of those criteria by assigning possible scores for each
category.
7.27 Bonus Evaluation Points- Bonus evaluation points may be awarded by the NJPA Proposal Review
Committee based on criteria identified as being both "optional" and "having additional value"
D. COST SCORING EVALUATION
7.28 NJPA reserves the right to use this process in the event the evaluation committee feels it is
necessary to make a final determination.
7.29 This process will be based on a point system with points being awarded for being low to high Proposer
for each cost evaluation item selected. A "Market Basket" of identical (or substantially similar)
products /services may be selected by the NJPA proposal Review Committee and the unit cost will be
used as a basis for determining the point value. The "Market Basket:" will be selected by NJPA from all
product categories as determined appropriate by NJPA. The low priced Proposer will receive the full
point value and all other Proposers will receive points as follows: Lowest price Proposal = 5 (where there
are five proposers), and inferior proposals = 4, 3, 2, 1 points each. The Total Score for each proposer will
be the sum of all points earned. The result of this process shall not be the sole determination for award.
E. PRODUCT TESTING
7.30 NJPA reserves the right to request and test products /services and /or services from the apparent
successful Proposer. Prior to the award of the Contract, the apparent successful Proposer, if requested by
NJPA, shall furnish current information and data regarding the Proposer's resources, personnel, and
organization within three (3) days.
F. PAST PERFORMANCE INFORMATION
7.31 Past performance information is relevant information regarding a Proposer's actions under
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previously awarded contracts to schools, local, state, and governmental agencies and non - profit agencies.
It includes the Proposer's record of conforming to specifications and standards of good workmanship.
The Proposer's history for reasonable and cooperative behavior and commitment to member satisfaction
shall be under evaluation. Ultimately, Past Performance Information can be defined as the Proposer's
businesslike concern for the interests of the NJPA Member.
G. WAIVER OF FORMALITIES
7.32 NJPA reserves the right to waive any minor formalities or irregularities in any proposal and to accept
proposals, which, in its discretion and according to the law, may be in the best interest of its members.
POST AWARD OPERATING ISSUES
A. SUBSEQUENT AGREEMENTS
8_1 Purchase Order- Purchase Orders for goods and services may be executed between NJPA or NJPA
Members (Purchaser) and awarded Vendor(s) or Vendor's sub - contractors pursuant to this invitation and
any resulting Contract. NJPA Members are instructed to identify on the face of such Purchase orders that
"This purchase order is issued pursuant to NJPA procurement contract #XXXXXX." A Purchase Order is
an offer to purchase goods and services at specified prices by NJPA or NJPA Members pursuant to a
Contract resulting from this RFP. Purchase Order flow and procedure will be developed jointly between
NJPA and an Awarded Vendor after an award is made.
8_2 Governing Law- Purchase Orders, as identified above, shall be construed in accordance with, and
governed by, the laws of a competent jurisdiction with respect to the purchaser. Each and every provision
of law and clause required by law to be included in the Purchase Order shall be read and enforced as
though it were included. If through mistake or otherwise any such provision is not included, or is not
currently included, then upon application of either part the Contract shall be physically amended to make
such inclusion or correction. The venue for any litigation arising out of disputes related to Purchase
Order(s) shall be a court of competent jurisdiction to the Purchaser.
8_3 Additional Terms and Conditions- Additional terms and conditions to a Purchase Order may be
proposed by NJPA, NJPA Members, or Vendors. Acceptance of these additional terms and conditions is
OPTIONAL to all parties to the Purchase Order. The purpose of these additional terms and conditions is
to, among other things; formerly introduce job or industry specific requirements of law such as prevailing
wage legislation. Additional terms and conditions can include specific local policy requirements and
standard business practices of the issuing Member. Said additional terms and conditions shall not interfere
with the general purpose and intent of this RFP.
8_4 Asset Management Contracts: Asset Management type contracts can be initiated pursuant to a
Contract resulting from this RFP at any time during the term of said Contract. The establishment of such
Asset Management Contracts cannot exceed the authorized term of a Contract resulting from this RFP;
however the Asset Management Contract term may extend beyond the maturity date of a Contract
resulting from this RFP.
8_5 Specialized Service Requirements- In the event service requirements or specialized performance
requirements such as e- commerce specifications, specialized delivery requirements, or other
specifications and requirements not addressed in the Contract resulting from this RFP, NJPA Member and
Vendor may enter into a separate, stand alone agreement, apart from a Contract resulting from this RFP.
Any proposed service requirements or specialized performance requirements require pre - approval by
Vendor. Any separate agreement developed to address these specialized service or performance
requirements is exclusively between the NJPA Member and Vendor. NJPA, its agents, Members and
employees shall not be made party to any claim for breach of such agreement. Product sourcing is not
considered a service. NJPA Members will need to conduct procurements for any specialized services not
identified in this Contract.
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8_6 Performance Bond- At the request of the member, a Vendor will provide all performance bonds
typically and customarily required in their industry. These bonds will be issued pursuant to the
requirements of Purchase Orders for goods and services. If a purchase order is cancelled for lack of a
required performance bond, it shall be the recommendation of NJPA that pending Purchase Orders with
all NJPA Members be considered for cancellation. Each member has the final decision on Purchase
Order continuation. ANY PERFORMANCE BONDING REQUIRED BY THE MEMBER OR
CUSTOMER STATE LAWS OR LOCAL POLICY IS TO BE MUTUALLY AGREED UPON AND
SECURED BETWEEN THE VENDOR AND THE CUSTOMER/MEMBER.
B. NJPA MEMBER SIGN -UP PROCEDURE
8_7 Awarded Vendors will be responsible for familiarizing their sales and service forces with the various
forms of NJPA Membership documentation and shall encourage and assist potential Members in
establishing Membership
C. REPORTING OF SALE ACTIVITY
8_8 A report of the total gross dollar volume of all products /services purchased by NJPA Members as it
applies to this RFP and Contract will be provided quarterly to NJPA. The form and content of this
reporting will be developed by NJPA in cooperation with the Vendor to include, but not limited to, name
and address of purchasing agency, amount of purchase, and a description of the items purchased.
D. AUDITS
8_9 During the Term, Vendor will, upon not less than fourteen (14) business days' prior written request,
make available to NJPA no more than once per calendar year, at Vendor's corporate offices, during
normal business hours, the invoice reports and /or invoice documents from Vendor pertaining to all
invoices sent by Vendor and payments made by NJPA members for all products /services purchased under
this Contract. NJPA may employ an independent auditor or NJPA may choose to conduct such audit on
its own behalf. Vendor shall have the right to approve the independent auditor, which approval shall not
be unreasonably withheld. Upon approval and after the auditor has executed an appropriate
confidentiality agreement, Vendor will permit the auditor to review the relevant Vendor documents.
NJPA shall be responsible for paying the auditor's fees. The parties will make every reasonable effort to
fairly and equitably resolve discrepancies to the satisfaction of both parties. Vendor agrees that the NJPA
may audit their records with a reasonable notice to establish total compliance and to verify prices charged
hereunder of the Contract are being met. Vendor agrees to provide verifiable documentation and tracking
in a timely manner.
E. HUB PARTNER
8.10 Hub Partner: Where Applicable, NJPA Members may, from time to time, request to be served in
some way through a "Hub Partner" for the purposes of complying with a Law, Regulation, or Rule to
which that individual NJPA Member deems to be applicable in their jurisdiction. Hub Partners may bring
value to the proposed transactions through consultancy, Disadvantaged Business Entity Credits, or other
considerations.
8.11 Hub Partner Fees: Fees, costs, or expenses from this Hub Partner levied upon a transaction
resulting from this contract, shall be payable by the NJPA Member provide that:
8.11.1 The fees, costs, or expenses levied by the Hub Vendor must be clearly itemized in the
transaction. and
8.11.2 To the extent that the he Vendor stands in the chain of title during a transaction resulting
from this RFP, the documentation shall be documented to show it is "Executed for the Benefit of
[NJPA Member Name] ".
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F. TRADE -INS
8.12 Where Appropriate, the value in US Dollars, of Trade -ins will be negotiated between NJPA or an
NJPA Member, and an Awarded Vendor. That identified "Trade -In" value shall be credited in full against
the NJPA purchase price identified in a purchase order issued pursuant to any Awarded NJPA
procurement contract. The full value of the trade -in will be consideration to that purchase order.
G. OUT OF STOCK NOTIFICATION
8.13 Vendor shall immediately notify NJPA members upon receipt of order(s) when an out -of -stock
occurs. Vendor shall inform the NJPA member regarding the anticipated date of availability for the out -
of- stock item(s), and may suggest equivalent substitute(s).
• The ordering organization shall have the option of accepting the suggested equivalent
substitute, or canceling the item from the order.
• Under no circumstance is Proposer permitted to make unauthorized substitutions.
• Unfilled or substituted item(s) shall be indicated on the packing list.
H. TERMINATION OF CONTRACT RESULTING FROM THIS RFP
8.14 NJPA reserves the right to cancel the whole or any part of a resulting Contract due to failure by the
Vendor to carry out any obligation, term or condition as described in the below procedure. Prior to any
termination for cause, the NJPA will provide written notice to the Vendor, opportunity to respond and
opportunity to cure according to the steps in the procedure in this Cancellation Section. Some examples
of material breach are the following:
• The Vendor provides material that does not meet reasonable quality standards and is not
remedied under the warranty;
• The Vendor fails to ship the products or provide the services within a reasonable amount of
time;
• NJPA has reason to believe the Vendor will not or cannot perform to the requirements of the
Contract and issues a request for assurance as described herein and Vendor fails to respond;
• The Vendor fails to observe any of the material terms and conditions of the Contract; and /or,
• The Vendor fails to follow the established procedure for purchase orders, invoices and /or receipt
of funds as established by the NJPA and the Vendor in the Contract.
• The Vendor fails to report quarterly sales volume;
• The Vendor fails to actively market this Contract within the guidelines provided in this RFP and
the expectations of NJPA.
8.15 Each party shall follow the below procedure if the Contract is to be terminated for violations or
non - performance issues:
Step 1: Issue a warning letter outlining the violations and /or non - performance and state the length of
time (10 days) to provide a response and correct the problem(s) if reasonably possible in such time
frame.
Step 2: Issue a letter of intent to cancel Contract, if the problem(s) is not resolved within fifty (50)
days.
Step 3: Issue letter to cancel Contract for cause.
8.16 Upon receipt of the written notice of concern, the Vendor shall have ten (10) business days to
provide a satisfactory response to the NJPA. Failure on the part of the Vendor to reasonably address all
issues of concern may result in Contract cancellation pursuant to this Section.
8.17 Any termination shall have no effect on purchases that are in progress at the time the cancellation is
received by the NJPA. The NJPA reserves the right to cancel the Contract immediately for convenience,
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without penalty or recourse, in the event the Vendor is not responsive concerning the remedy, the
performance, or the violation issue within the time frame, completely or in part.
8.18 NJPA reserves the right to cancel or suspend the use of any Contract resulting from this RFP if the
Vendor files for bankruptcy protection or is acquired by an independent third party. Prior to commencing
services under this Contract, the Proposer /Vendor must furnish NJPA certification from insurer(s)
proving level of coverage usual and customary to the specific industry. The coverage is to be maintained
in full effect during the Contract period. Vendor must be willing to provide, upon request, certification of
insurance to any NJPA member or member using this Contract.
8.19 Either party may execute Contract termination without cause with a required 60 -day written notice of
termination. Termination of Contract shall not relieve either party of financial, product or service
obligations incurred or accrued prior to termination.
8.20 NJPA may cancel any Contract resulting from this solicitation without any further obligation if any
NJPA employee significantly involved in initiating, negotiating, securing, drafting or creating the
Contract on behalf of the NJPA is found to be in collusion with any Proposer to this RFP for their
personal gain. Such cancellation shall be effective upon written notice from the NJPA or a later date if so
designated in the notice given. A terminated Contract shall not relieve either party of financial, product
or service obligations due to participating member or NJPA.
8.21 Events of Automatic termination to include:
Vendor's or NJPA's voluntary or involuntary bankruptcy or insolvency;
Vendor's failure to remedy a material breach of a Contract resulting from this RFP within
sixty (60) days of receipt of notice from NJPA specifying in reasonable detail the nature of
such breach; and /or,
Receipt of written information from any authorized agency finding activities of Vendors
engaged in pursuant to a Contract resulting from this RFP to be in violation of the law.
GENERAL TERMS AND CONDITIONS
A. ADVERTISEMENT OF RFP
9_1 As a policy, NJPA shall advertise this solicitation 1) for two consecutive weeks in both the print and
on -line editions of the MINNEAPOLIS STAR TRIBUNE, 2) it shall be placed on a national wire service
by the VIINNEAPOLI_S_STAR TRIBUNE, 3) it shall be posted on NJPA's website, 4) it shall be posted to
the website of "Noticetobidders.com," and 5) it shall be posted to other third -party websites deemed
appropriate by NJPA. Other third party advertisers may include Onvia and Bidsync,
B. ADVERTISING OF A CONTRACT RESULTING FROM THIS RFP
9_2 Proposer /Vendor shall not advertise or publish information concerning this Contract prior to the
award being announced by the NJPA. Once the award is made, a Vendor is expected to advertise the
awarded Contract to both current and potential NJPA Members.
C. APPLICABLE LAW
9_3 NJPA Compliance with Minnesota Procurement Law: Contracts awarded through NJPA are
intended to meet the procurement laws of all states and NJPA will exhaust all avenues to comply with as
many state laws as possible. It is the responsibility of each participating NJPA member to insure to their
satisfaction that these laws are satisfied. An individual NJPA member using these contracts is deemed by
their own accord to be in compliance with proposal regulations. NJPA encourages the awarded Vendor to
assist NJPA and the NJPA member in this research to the benefit of all involved.
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9_4 Governing Law: All applicable portions of the Minnesota Uniform Commercial Code and all other
applicable Minnesota laws shall govern contracts with the National Joint Powers Alliance®. Any claims
pertaining to this RFP and any resulting Contract that develop between NJPA and any other party must be
brought forth only in courts in Todd County in the State of Minnesota.
9_5 Vendor Compliance with applicable law: Vendor(s) shall comply with all federal, state, or local
laws applicable to or pertaining to the sale of the products /services resulting from this RFP. All such
laws, whether or not herein contained, shall be included by this reference. It shall be Proposer's /Vendor's
responsibility to determine the applicability and requirements of any such laws and to abide by them.
9_6 Indemnity: Each party agrees it will be responsible for its own acts and the result thereof to the extent
authorized by law and shall not be responsible for the acts of the other party and the results thereof.
NJPA's liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota
Statutes, Section §3.736, and other applicable law.
9_7 Prevailing Wage: It shall be the responsibility of the Vendor to comply, when applicable, with
prevailing wage legislation in effect in the jurisdiction of the purchaser (NJPA or NJPA Member). It shall
be the responsibility of the Vendor to monitor the prevailing wage rates as established by the appropriate
department of labor for any increase in rates during the term of this Contract and adjust wage rates
accordingly.
9_8 Patent and Copyright infringement: If an article sold and delivered to NJPA or NJPA Members
hereunder shall be protected by any applicable patent or copyright, the Vendor agrees to indemnify and
save harmless NJPA and NJPA Members against any and all suits, claims, judgments, and costs instituted
or recovered against it by any person whosoever on account of the use or sale of such articles by NJPA or
NJPA Members in violation or right under such patent or copyright.
D. ASSIGNMENT OF CONTRACT
9_9 No right or interest in this Contract shall be assigned or transferred by the ProposerNendor without
prior written permission by the NJPA. No delegation of any duty of the Proposer /Vendor shall be made
without prior written permission of the NJPA. The NJPA shall notify the members within fifteen (15)
days of receipt of written notice by the Vender. After issuance the awarded Contract may be reassigned
to a comparable Vendor at the discretion of NJPA.
9.10 If the original Vendor sells or transfers all assets or the entire portion of the assets used to perform
this Contract, a successor in interest must guarantee to perform all obligations under this Contract. NJPA
reserves the right to reject the acquiring person or entity as a Vendor. A simple change of name
agreement will not change the contractual obligations of the Vendor.
E. PROPOSERS LIST
9.11 NJPA will not maintain or communicate to a proposers list. All interested proposers must respond to
the solicitation as a result of one of the methods of proposal advertisements listed above. Because of the
scope of the potential Members and national Vendors, NJPA has determined this to be the best method of
fairly soliciting proposals.
F. CAPTIONS, HEADINGS, AND ILLUSTRATIONS
9.12 The captions, illustrations, headings, and subheadings in this solicitation are for convenience and
ease of understanding and in no way define or limit the scope or intent of this request.
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G. CONFIDENTIAL INFORMATION
9.13 If a Proposer wishes to withhold any part of its proposal from public inspection, then a statement
advising the NJPA of this fact shall accompany the submission. NJPA shall review the statement to
determine whether the information shall be withheld. If NJPA determines to disclose the information, the
Executive Director of NJPA shall inform the Proposer, in writing, of such determination prior to award of
Contract to Proposer.
H. DATA PRIVACY
9.14 Proposer agrees to abide by all applicable STATE and FEDERAL laws and regulations including
HIPPA concerning the handling and disclosure of private and confidential information regarding
individuals. Proposer agrees to hold NJPA harmless from its unlawful disclosure and /or use of
private /confidential information.
I. ENTIRE AGREEMENT
9.15 The Contract, as defined herein, shall constitute the entire understanding between the parties to that
Contract.
9.16 A Contract resulting from this RFP is formed when the NJPA Board of Directors approves and signs
the applicable Acceptance and Award Forrn document (see Form D).
J. FORCE IvIAJEURE
9.17 Except for payments of sums due, neither party shall be liable to the other nor deemed in default
under this Contract if and to the extent that such party's performance of this Contract is prevented due to
force majeure. The term "force majeure" means an occurrence that is beyond the control of the party
affected and occurs without its fault or negligence including, but not limited to, the following: acts of
God, acts of the public enemy, war, riots, strikes, mobilization, labor disputes, civil disorders, fire, flood,
snow, earthquakes, tornadoes or violent wind, tsunamis, wind shears, squalls, Chinooks, blizzards, hail
storms, volcanic eruptions, meteor strikes, famine, sink holes, avalanches, lockouts, injunctions -
intervention -acts, terrorist events or failures or refusals to act by government authority and /or other
similar occurrences where such party is unable to prevent by exercising reasonable diligence. The force
majeure shall be deemed to commence when the party declaring force majeure notifies the other party of
the existence of the force majeure and shall be deemed to continue as long as the results or effects of the
force majeure prevent the party from resuming performance in accordance with a Contract resulting from
this RFP. Force majeure shall not include late deliveries of products /services caused by congestion at a
manufacturer's plant or elsewhere, an oversold condition of the market, inefficiencies, or other similar
occurrences. If either party is delayed at any time by force majeure, then the delayed party shall notify
the other party of such delay within forty-eight (48) hours.
K. GRATUITIES
9.18 NJPA may cancel this Contract by written notice if it is found that gratuities, in the form of
entertainment, gifts or otherwise, were offered or given by the Proposer /Vendor or any agent or
representative of the Proposer /Vendor, to any employee of the NJPA are deemed to be excessive with a
view toward securing a contract or with respect to the performance of this Contract.
L. HAZARDOUS SUBSTANCES
9.19 Proper Material Safety Data Sheets (MSDS), in compliance with OSHA's Hazard Communication
Standard, must be provided by the Vendor to NJPA or NJPA Member at the time of purchase.
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M. LEGAL REMEDIES
9.20 All claims and controversies between NJPA and Vendor shall be subject to the laws of the State of
Minnesota and are to be resolved in Todd County, Minnesota, the county in which NJPA is domiciled.
N. LICENSES
9.21 Proposer /Vendor shall maintain a current status on all required federal, state, and local licenses,
bonds and permits required for the operation of the business conducted by the Proposer /Vendor.
9.22 All responding Proposers must be licensed (where required) and have the authority to sell and
distribute offered products /services to NJPA and NJPA Members in all states. Documentation of said
licenses and authorities, if applicable, is requested.
O. MATERIAL SUPPLIERS AND SUB- CONTRACTORS
9.23 The apparent successful Vendor shall be required to supply the names and addresses of sourcing
suppliers and sub - contractors when requested.
9.24 Awarded Vendors under this RFP will be the sole source of responsibility for transactions
originating that award. The Awarded Vendor is solely responsible for products /services and services
provided by third party sourcing or service providers.
P. NON - WAIVER OF RIGHTS
9.25 No failure of either party to exercise any power given to it hereunder, nor to insistence upon strict
compliance by the other party with its obligations hereunder, and no custom or practice of the parties at
variance with the terms hereof, nor any payment under a Contract resulting from this RFP shall constitute
a waiver of either party's right to demand exact compliance with the terms hereof. Failure by NJPA to
take action or assert any right hereunder shall not be deemed as waiver of such right.
Q. PROTESTS OF AWARDS MADE
9.26 Protests shall be filed with the NJPA's Executive Director and shall be resolved in accordance with
appropriate state statutes of Minnesota. Protests will only be accepted from Proposers. A protest must be
in writing and filed with NJPA. A protest of an award or proposed award must be filed within ten (10)
days after the public notice or announcement of the award. No protest shall lie for a claim that the
selected Proposer is not a responsible Proposer. A protest must include:
1. The name, address and telephone number of the protester;
2. The original signature of the protester or its representative;
3. Identification of the solicitation by RFP number;
4. Identification f the statute or procedure that is alleged to have been violated;
5. A precise statement of the relevant facts;
6. Identification of the issues to be resolved;
7. The aggrieved party's argument and supporting documentation.
R. PROVISIONS REQUIRED BY LAW
9.27 ProposerNendor agrees in the performance of a Contract resulting from this RFP, it has complied
with or will comply with all applicable statutes, laws, regulations, and orders of the United States and any
State thereof.
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S. PUBLIC RECORD
9.28 All proposals submitted to this invitation shall become the property of the NJPA and will become a
matter of public record and available for review subsequent to the award notification. Proposals may be
viewed by appointment at the NJPA offices Monday through Friday from 8:30 a.m. to 3:30 p.m.
T. RIGH F 1 -0 ASSURANCE
9.29 Whenever one party to this Contract has reason to question the other party's intent to perform, he /she
may demand a written assurance of this intent. In the event a demand is made and no written assurance is
given, the demanding party may treat this failure as an anticipatory repudiation of the Contract provided,
however, in order to be effective, any such demand shall be addressed to the authorized signer for the
party from whom the assurance is being sought, and sent via U.S. Postal Service, certified mail, return
receipt requested or national overnight delivery service with proof of delivery.
U. SUSPENSION OR DISBARMENT STATUS
9.30 If within the past five (5) years, any firm, business, person or Proposer submitting a proposal has
been lawfully precluded from participating in any public procurement activity with a federal, state or local
government, the Proposer must include a letter with its response setting forth the name and address of the
public procurement unit, the effective date of the suspension or debarment, the duration of the suspension
or debarment and the relevant circumstances relating to the suspension or debarment. Any failure to
supply such a letter or to disclose pertinent information may result in the cancellation of any Contract. By
signing the proposal affidavit, the Proposer certifies that no current suspension or debarment exists.
V. HUUTAN RIGHTS CERTIFICATE
9.31 If Proposer is not domiciled in Minnesota and has NOT on any single working day in the past year,
employed more than 40 employees in the State of Minnesota, Proposer must provide a statement to that
effect.
9.32 If Proposer is not domiciled in Minnesota and has on any single working day in the past year,
employed more than 40 employees in the State of Minnesota, Proposer must document their application
for a Human Rights Certificate issued by the Minnesota Commissioner of Human Rights. Proposer must
also document receipt by the Minnesota Commissioner of Human Rights of that application and the
Proposer's affirmative action plan for the employment of minority persons, women, and qualified
disabled individuals.
9.33 If Proposer is domiciled in Minnesota and has on any single working day in the past year, employed
more than 40 employees in the State of Minnesota, Proposer must provide a copy of their "Certificate of
Compliance" from the Commissioner of the Minnesota Department of Human Rights.
N'. SEVERABILITY
9.34 In the event that any of the terms of a Contract resulting from this RFP are in conflict with any rule,
law, statutory provision or are otherwise unenforceable under the laws or regulations of any government
or subdivision thereof, such terms shall be deemed stricken from a Contract resulting from this RFP, but
such invalidity or unenforceability shall not invalidate any of the other terms of a Contract resulting from
this RFP.
X. RELATIONSHIP OF PARTIES
9.35 No Contract resulting from this RFP shall be considered a contract of employment. The relationship
between NJPA and an Awarded Contractor is one of independent contractors each free to exercise
judgment and discretion with regard to the conduct of their respective businesses. The parties do not
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intend the proposed Contract to create, or is to be construed as creating a partnership, joint venture,
master - servant, principal— agent, or any other relationship. Except as provided elsewhere in this RFP,
neither party may be held liable for acts of omission or commission of the other party and neither party is
authorized or has the power to obligate the other party by contract, agreement, warranty, representation or
otherwise in any manner whatsoever except as may be expressly provided herein.
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PROPOSER QUESTIONNAIRE
Form A
Proposer Name: _
Questionnaire completed by:
Please provide an answer to all questions below and address all requests made in this RFP. Please use the Microsoft
Word /Excel document version of this questionnaire to respond to the questions contained herein. Please provide your
answer to each question indented below the question. Please supply any applicable supporting information and
documentation you feel appropriate in addition to answers entered to the Word document. All information must be typed,
organized, and easily understood by evaluators.
Comr2any Information
1) Why did you respond to this RFP?
2) Provide a brief history of your company that includes its goals and philosophy.
3) Provide profiles and an organizational chart for key sales and marketing executives of your company that will oversee
the implementation and operation of a Contract resulting from this RFP.
4) How long has your company has been in the PASSENGER CARS, LIGHT DUTY, MEDIUM DUTY, AND
HEAVY DUTY TRUCKS WITH RELATED ACCESSORIES, industry?
5) Is your organization best described as a manufacturer or a distributor /dealer /re- seller for a manufacturer of the
products and services being proposed?
a) If the Proposer is best described as a re- seller, manufacturer aggregate, or distributor, please provide evidence of
your authorization as a dealer /re- seller /manufacturer aggregate for the manufacturer of the products you are
proposing.
b) If the Proposer is best described as a manufacturer, please describe your relationship with your sales /service force
and /or Dealer Network in delivering the products and services proposed. Are these people your employees, or the
employees of a third party?
6) For public companies, provide your most recent annual report to shareholders.
7) For private companies, provide your most recent year -end financial statements, your bond rating, and /or a credit
reference from your bank.
8) Provide a discussion of licenses and certifications both required to be held, and actually held by your organization in
pursuit of the commerce contemplated by this RFP.
9) Provide a discussion of licenses and certifications both required to be held, and actually held by third parties and sub-
contractors to your organization in pursuit of the commerce contemplated by this RFP. If not applicable, please
respond with "Not Applicable."
Industry - Marketplace Successes
10) List and document recent industry awards and recognition.
11) Supply three references /testimonials from customers similar to NJPA Members. Please include the customer's name,
contact, and phone number.
12) Provide names and addresses of the top five (5) governmental or education customers and dollar volumes from the
past year.
13) Provide documentation indicating the total dollar volume for each of your sales to government, education, and non-
profit agencies for the last three (3) fiscal years.
Proposer's ability to sell and service nationwide.
14) Please describe your sales force in terms of numbers, geographic dispersion, and the proportion of their attention
focused on the sale of the products /services contemplated in this RFP? a) Are these individuals your employees, or
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are they employees of a third party?
15) Please describe your service force in terms of numbers, geographic dispersion, and the proportion of their attention
focused on the sale of the products /services contemplated in this RFP? a) Are these individuals your employees, or are
they employees of a third party?
16) Describe in detail your customer service program regarding process and procedure. Please include, where
appropriate, response time commitments.
17) Identify any geographic areas or NJPA market segments of the United States you will NOT be serving through the
proposed contract.
18) Identify any of NJPA Member segments you will NOT be serving? (Government, Education, Non - profit)
Marketing Plan
19) Describe your training program for both greet- the - public and sales management levels relating to a NJPA award.
20) Describe your general marketing program strategy to promote the proposed Contract nationally.
21) Describe your marketing material, and overall marketing ability, relating to promoting this type of partnership and
contract opportunity. As much as possible, please send marketing materials in electronic format only to save paper.
22) Describe your use of technology and the internet to provide marketing and product awareness.
23) Describe your perception of NJPA's role in marketing the partnership and your products /services.
24) Describe the unique quality of the products /services in your proposal in relationship to others available in the market.
Value Added Attributes
25) Describe any training programs available as options for members.
26) Describe technological advances your proposal products /services offer.
27) Describe your "Green" program as it relates to your company, your products, and your recycling program, including a
list of all green products accompanied by the certifying agency for each.
28) Describe any Women or Minority Business Entity (WMBE) or Small Business Entity (SBE) accreditations of your
organization directly involved in a Contract resulting from this RFP.
29) Identify any other unique or custom value added attributes.
30) Identify any service contract options included in the proposed price, or offered as a proposed option, for the products
or services being offered.
31) Identify your ability and willingness to service Canada specifically and internationally in general.
32) Describe any unique distribution method employed in your proposal.
Payment Terms and Financing Options
33) Identify your payment terms. (Net 30, etc.)
34) Identify any applicable leasing or other financing options as defined herein.
35) Briefly describe your proposed order process for this proposal and contract award. (Note: order process may be
modified or refined during an NJPA member's final Contract phase process).
Warranty
36) Describe, in detail, your Warranty Program including conditions to qualify, claims procedure, and overall structure.
37) Do all warranties cover all material and labor?
38) Do warranties impose usage limit restrictions?
39) Do warranties cover the technicians travel time to perform warranty repairs?
40) Please list any other limitations or circumstances that would not be covered under your warranty.
41) Please list any geographic regions of the United States for which you cannot provide a certified technician to perform
warranty repairs. How do NJPA Members in these regions receive warranty work?
Other Cooperative Procurement Contracts Held
42) Identify all cooperative governmental procurement contracts which are marketed in more than one state held or
utilized by the Proposer.
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43) Identify all government or state procurement contracts held or utilized by the Proposer with any State of the United
States.
44) Identify any GSA Contracts held or utilized by the Proposer.
45) If you are awarded the NJPA contract, are there any market segments (e.g., higher education, county governments,
etc.) or geographical markets where the NJPA contract will not be your primary contract purchasing vehicle? If so,
please identify those markets and which cooperative purchasing agreement will be your primary vehicle.
Products /Services and Pricing
46) Provide a general narrative description of the products /services and services you are offering in your proposal.
47) Provide a general narrative description of your pricing model identifying how the model works (line item and/or
pereei4a e dis nt).
48) Propose a strategy, process, and specific method of facilitating "Sourced Goods" solution as defined herein.
49) Provide an overall statement of method of pricing for individual line items, catalogs and category pricing with regard
to all products /services and being proposed. Provide a SKU number for each item being proposed.
50) Provide a "CORE LIST" of products /services (as anticipated and defined by Proposer to meet or exceed the NJPA
members needs) as a separate and named spreadsheet. Include special pricing, if any, on these items.
51) Provide, if any, your volume rebate programs
52) Identify any Total Cost of Acquisition (as defined herein) cost(s) which is NOT included "Pricing" submitted with
your proposal response. Identify to whom these items are payable and their relationship to Proposer.
53) As an important part of the evaluation of your offer, you must indicate the level of pricing you are offering.
Prices offered in this proposal are:
a. The same as typically offered to an individual municipality or school district.
b. The same as typically offered to cooperative procurement organizations or state purchasing
departments.
c. Better than typically offered to cooperative procurement organizations or state purchasing
departments.
(Your proposal will be considered "Non- Responsive" if this question is not answered)
54) Do you offer quantity or volume discounts? YES NO Outline guidelines and program.
55) Describe your shipping, exchange and return program(s) and policy(s). Also specifically identify those programs as
they relate to Alaska and Hawaii.
56) Identify the Proposer's proposal for an administrative fee payable to NJPA for facilitation and promotion of the
Contract opportunity invited here. This fee should be calculated as a percentage of Contract sales.
Authorized Signature (Same signature as on Proposal Affidavit Signature and Acceptance Form)
38 of 47
95
RFP111010
Form B
Company Name:.
Address:
City /State /Zip:
Phone:
Toll Free Number:
Web site:
PROPOSER INFORMATION
Fax:
E -mail:
Voids sometimes exist between management (those who respond to RFPs) and sales staff (those who contact NJPA
Members) that result in communication problems. Due to this fact, provide the names of your key sales people, phone
numbers, and geographic territories for which they are responsible
COMPANY PERSONNEL CONTACTS
Contract Manager:
Email: Phone:
Name:
Title:
Email:
Phone:
Name:
Title:
Email:
Phone:
Name:
Title:
Email:
Phone:
Name:
Title:
Email:
Phone:
Name:
Title:
Email:
Phone:
Name:
Title:
Email:
Phone:
Page 39 of 47
RFP111010
EXCEPTIONS TO PROPOSAL, TERMS,, CONDITIONS
AND SPECIFICATIONS REQUEST
Form C
Company Name:
Note: Original must be signed and inserted in the inside front cover pouch. Any exceptions to the Terms, Conditions,
Specifications, or Proposal Forms contained herein shall be noted in writing and included with the proposal submittal.
Please sign and date the bottom of each page of this document.
RFP
Page
Number Section Term, Condition, or Specification Exception
Page 40 of 47
97
RFP111010
Proposal Offering
And Acceptance and Award
RFP #102811
FORM D
PASSENGER CARS, LIGHT DUTY, MEDIUM DUTY, AND HEAVY DtJTY TRUCKS WITH RELATED
ACCESSORIES,
Proposal Offering (To be completed Only by Proposer)
In compliance with the Request for proposal (RFP) for PASSENGER CARS, LIGHT DUTY, MEDIUM DUTY, AND
HEAVY DUTY TRUCKS WITH RELATED ACCESSORIES, the undersigned warrants that I /we have examined this
RFP and, being familiar with all of the instructions, terms and conditions, general specifications, expectations, technical
specifications, service expectations and any special terms, do hereby offer and agree to furnish the defined
products /services and services in compliance with all terms, conditions of this RFP, any applicable amendments of this
RFP, and all Proposer's Response documentation. Proposer further understands they are the sole offeror herein and that
the performance of any sub - contractors employed by the Proposer in fulfillment of this offer is the sole responsibility of
the Proposer.
Company Name:
Company Address:
City:
Contact Person:
Authorized Signature (ink only):
Date:
State:
Title:
Zip:
(Name printed or typed)
Contract Acceptance and Award To be completed only by NJPA
Your proposal offering is hereby accepted and awarded. As an awarded Proposer, you are now bound to provide the
defined goods and services contained in your proposal offering according to all terms, conditions, and pricing set forth in
this RFP, any amendments to this RFP, and the Proposer's Response. The effective date of the Contract be
and continue for four years thereafter AND which is subject to annual renewal at the
option of both parties.
National Joint Powers Alliance® (NJPA)
NJPA Authorized signature:
Title: Executive Director NJPA
Awarded this
NJPA Authorized signature:
Title:
Executed this
day of
day of
Page 41 of 47
(Name printed or typed)
Contract Number # 102811
(Name printed or typed)
Contract Number 9 102811
RFP 111010
PROPOSER ASSURANCE OF COMPLIANCE
Form E
Proposal Affidavit Signature Page
PROPOSER'S AFFIDAVIT
The undersigned, representing the persons, firms and corporations joining in the submission of the foregoing proposal
(such persons, firms and corporations hereinafter being referred to as the "Proposer "), being duly sworn on his /her
oath, states to the best of his /her belief and knowledge:
1 The undersigned certifies the Proposer is submitting their proposal under their true and correct name, the Proposer
has been properly originated and legally exists in good standing in its state of residence, that the Proposer
possesses, or will posses prior to the delivery of any goods and services, all applicable licenses necessary for such
delivery, and that they are authorized to act on behalf of, and encumber the "Proposer" in this Contract, and
To the best of my knowledge, no Proposer or Potential Proposer, nor any person duly representing the same, has
directly or indirectly entered into any agreement or arrangement with any other Proposers, Potential Proposers,
any official or employee of the NJPA, or any person, firm or corporation under contract with the NJPA in an
effort to influence either the offering or non - offering of certain prices, terms, and conditions relating to this RFP
which tends to, or does, lessen or destroy free competition in the letting of the Contract sought for by this RFP,
and
3. The Proposer or any person on his /her behalf, has not agreed, connived or colluded to produce a deceptive show
of competition in the manner of the proposal or award of the referenced contract, and
4. Neither I, the Proposer, nor, any officer, director, partner, member or associate of the Proposer, nor any of its
employees directly involved in obtaining contracts with the NJPA or any subdivision of the NJPA, has been
convicted of false pretenses, attempted false pretenses or conspiracy to commit false pretenses, bribery, attempted
bribery or conspiracy to bribe under the laws of any state or federal government for acts or omissions after
January 1, 1985, and
The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications
request and other documents of this solicitation and that any and all exceptions have been noted in writing and
have been included with the proposal submittal, and
6. If awarded a contract, the Proposer will provide the products /services and /or services to qualifying members of
the NJPA in accordance with the terms, conditions, scope of this RFP, Proposer offered specifications and other
documents of this solicitation, and
7. The undersigned, being familiar with expectations and specifications request outlined in this RFP under
consideration, hereby proposes to deliver through valid service request, Purchase Orders or forms for NJPA
Members per this RFP, only new, unused and first quality products /services and services to designated NJPA
Members, and
8. The Proposer has carefully checked the accuracy of all items and listed total price per item in this proposal. In
addition, the Proposer accepts all general terms and conditions of this RFP, including all responsibilities of
commitment and delivery of services as outlined, and
9. In submitting this proposal, it is understood that the right is reserved by the NJPA to reject any or all proposals and
it is agreed by all parties that this proposal may not be withdrawn during a period of 90 days from the date proposals
were opened regarding this RFP, and
10. The Proposer certifies that in performing this Contract they will comply with all applicable provisions of the
federal, state, and local laws, regulations, rules, and orders, and
11. If Proposer has more than 40 employees in the state in which their principal place of business is located, Proposer
Page 42 of 47 99
RFP 111010
hereby certifies their compliance with federal affirmative action requirements.
Company Name:
Contact Person for Questions: Phone:
(Must be individual who is responsible or filling out this Proposers Response form)
Address:
City /State /Zip;
Telephone Number:
E -mail Address:
Authorized Signature:
Authorized Name (typed)
Title:
Date:
Notarized
Subscribed and sworn to before me this
Notary Public in and for the County of
My commission expires:
Signature:
Fax Number:
the day of
20
State of
Page 43 of 47 100
RFP 111010
In accordance with accepted standards of competitive sealed proposal awards as set forth in the Minnesota Procurement
Code, competitive sealed proposals /awards will be made to responsible Proposers whose proposals are determined in
writing to be responsive and also be the most advantageous to NJPA and its NJPA Members. To qualify for the final
evaluation, a Proposer must have been deemed responsive as a result of the criteria set for "Proposer Responsiveness." A
proposal must have been submitted on time and materially satisfy all mandatory requirements identified in this document.
Evaluation for:
For the Proposed Subject PASSENGER CARS LIGHT DUTY MEDIUM DUTY AND HEAVY DUTY TRUCKS
WITH RELATED ACCESSORIES,
The evaluation criteria for this solicitation, not arranged in order of importance:
Available Points Points Awarded
Conformance to terms and conditions to include
documentation
75
Pricing
300
Industry and Marketplace Successes
50
Bidder's Ability to Sell and Service Contract Nationally
100
Bidder's Marketing Plan
75
Value Added Attributes
75
Invoicing Payment Terms and Financing Options
25
Warranty Coverages and Information.
100
Selection and Variety of Products and Services Offered
200'
I otal Points
1000 U
Bonus Points awarded for:
Bidders "Green" characteristics 50
Bidders Dissadvantaged Business Entity Charactoristics 50
Overall Evaluation Points
Proposed
Reviewed by: Its
Its
1100 0
Page 44 of 47 101
RFP 111010
FORM H State Of Minnesota — Affirmative Action Certification
If your response to this solicitation is or could be in excess of $100,000, complete the information requested below to determine whether you are
subject to the Minnesota Human Rights Act (Minnesota Statutes 363A.36) certification requirement, and to provide documentation of compliance if
necessary. It is your sole responsibility to provide this information and —if required —to apply for Human Rights certification prior to the
due date and time of the proposal or proposal and to obtain Human Rights certification prior to the execution of the contract. The State of
Minnesota is under no obligation to delay proceeding with a contract until a company receives Human Rights certification BOX A –For
companies which have employed more than 40 full -time employees within Minnesota on any single working day during the previous 12 months. All
other companies proceed to BOX B.
Your response will be rejected unless your business:
has a current Certificate of Compliance issued by the Minnesota Department of Human Rights (MDHR)
–or–
has submitted an affirmative action plan to the MDHR, which the Department received prior to the date and time the responses
are due.
Check one of the following statements if you have employed more than 40 full -time employees in Minnesota on any single working day during the
previous 12 months:
❑ We have a current Certificate of Compliance issued by the MDHR. Proceed to BOX C. Include a copy of your certificate with your
response.
❑ We do not have a current Certificate of Compliance. However, we submitted an Affirmative Action Plan to the MDHR for approval, which the
Department received on (date). [If the date is the same as the response due date, indicate the time your plan was
received: (time). Proceed to BOX C.
❑ We do not have a Certificate of Compliance, nor has the MDHR received an Affirmative Action Plan from our company. We acknowledge
that our response will be rejected. Proceed to BOX C. Contact the Minnesota Department of Human Rights for assistance. (See below
for contact information.)
Please note: Certificates of Compliance must be issued by the Minnesota Department of Human Rights. Affirmative Action Plans approved by the
Federal government, a county, or a municipality must still be received, reviewed, and approved by the Minnesota Department of Human Rights
before a certificate can be issued.
BOX B – For those companies not described in BOX A
Check below.
❑ We have not employed more than 40 full -time employees on any single working day in Minnesota within the previous 12 months. Proceed to
BOX C.
BOX C – For all companies
By signing this statement, you certify that the information provided is accurate and that you are authorized to sign on behalf of the responder. You
also certify that you are in compliance with federal affirmative action requirements that may apply to your company. (These requirements are
generally triggered only by participating as a prime or subcontractor on federal projects or contracts. Contractors are alerted to these requirements by
the federal government.)
Name of Company: _ Date
Authorized Signature: _ Telephone number:
Printed Name:
For assistance with this form, contact:
Title:
Minnesota Department of Human Rights, Compliance Services Section
Mail: 190 East 5t' St., Suite 700 St. Paul, MN 55101 TC Metro: (651) 296 -5663
Web: www.humanrights.state.mn.us Fax: (651) 296 -9042
Page 45 of 47
Toll Free: 800 - 657 -3704
TTY: (651) 296 -1283
102
RFP 111010
Form I
State of Minnesota _— Immigration Status Certification
By order of the Governor's Executive Order 08 -01, vendors and subcontractors MUST certify compliance with the Immigration
Reform and Control Act of 1986 (8 U.S.C. 1101 et seq.) and certify use of the E- Verify system established by the Department of
Homeland Security.
E- Verify program information can be found at httq :l /www.dhs.gov/ximgtn /r)rggrams.
If any response to a solicitation is or could be in excess of $50,000, vendors and subcontractors must certify compliance with items 1
and 2 below. In addition, prior to the delivery of the product or initiation of services, vendors MUST obtain this certification from all
subcontractors who will participate in the performance of the contract. All subcontractor certifications must be kept on file with the
contract vendor and made available to the state upon request.
1. The company shown below is in compliance with the Immigration Reform and Control Act of 1986 in relation to all
employees performing work in the United States and does not knowingly employ persons in violation of the United States
immigration laws. The company shown below will obtain this certification from all subcontractors who will participate in the
performance of this contract and maintain subcontractor certifications for inspection by the state if such inspection is requested;
and
2. By the date of the delivery of the product and /or performance of services, the company shown below will have implemented
or will be in the process of implementing the E- Verify program for all newly hired employees in the United States who will
perform work on behalf of the State of Minnesota.
I certify that the company shown below is in compliance with items 1 and 2 above and that I am authorized to sign on its
behalf.
Name of Company: Date:
Authorized Signature: _ Telephone Number:
Printed Name: Title:
If the contract vendor and /or the subcontractors are not in compliance with the Immigration Reform and Control Act, or knowingly
employ persons in violation of the United States immigration laws, or have not begun or implemented the E -Verb program for all
newly hired employees in support of the contract, the state reserves the right to determine what action it may take. This action could
include, but would not be limited to cancellation of the contract, and /or suspending or debarring the contract vendor from state
purchasing.
For assistance with the E- Verify Program
Contact the National Customer Service Center (NCSC) at 1 -800- 375 -5283 (TTY 1 -800 - 767 - 1833).
For assistance with this form, contact:
Mail: 112 Administration Bldg, 50 Sherburne Ave. St. Paul, MN 55155
E -mail: ! f�1C3kleip.Linelrr�state.�un.us
Telephone: 65 1.296.2600
Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529
Page 46 of 47 103
Pre - submission Checklist
• Have you read and understood the RFP?
• Have you attended the Pre -Bid Conference for this RFP?
• Have you completed the questionnaire (Form A) to the best of your ability?
• Have you submitted pricing for all of the goods and services you offer within the scope of this RFP?
• Have you submitted a "Sourced Goods Multiplier?
• Have you packaged your bid submission identifying conspicuously "Competitive Bid Enclosed, Please
hold for public opening XX- XX -XXX ".
• Have you sent your package in sufficient time for physical delivery at 200 1 sc ST NE Staples, MN 56479
will occur prior to the deadline for delivery?
• Have you submitted original completed and executed forms C,D,E,H, and I from this RFP?
• Have you submitted verification of liability insurance with the coverage and limits required in the RFP?
• Have you provided an electronic copy (saved on a CD or flash drive) of your entire proposal including,
but not limited to, Forms A,B,C, D,E,H, and I in your proposal?
Page 47 of 47
104
CORRECTED Addendum 083111
To that certain
RFP #112811
Issued by
The National Joint Powers Alliance°
For the procurement of:
PASSENGER CARS, LIGHT DUTY, MEDIUM DUTY, AND HEAVY DUTY TRUCKS WITH
RELATED ACCESSORIES.
Please read this solicitation to include the following:
• The deadline for submission of proposals shall be extended from October 27, 2011 at 4:30 PM
Central Time to November 17, 2011 at 4:30PM Central Time.
• The public opening of proposals received shall be extended from October 28, 2011 at 8:00 AM
Central Time to November 18, 2011 at 8:00 AM Central Time.
• With respect to compliance with the general baseline specifications issued on the Excel pricing
spreadsheet, please identify the compliant equipment you are proposing for the parameter
identified and identify it as complaint. In the event you do not have a compliant option please
identify the equipment you want to propose for the parameter identified and identify it as "Non -
Compliant" with that specification.
• NJPA has moved. Please update all addresses. We have moved from 200 1" ST NE Staples, MN
to 202 12 Street NE Staples, MN 56479. This change will affect and include the address for
delivery of your proposal to NJPA.
105
Addendum 100511
To that certain
RFP #102811
Issued by
The National Joint Powers Alliance®
For the procurement of:
PASSENGER CARS, LIGHT DUTY, MEDIUM DUTY, AND HEAVY DUTY TRUCKS WITH
RELATED ACCESSORIES.
Please read this solicitation to include the following;
The deadline for RFP Requests for this solicitation will be changed from Tuesday October 4, 2011 to
Tuesday October 11, 2011.
106
CORRECTED Addendum 101411
To that certain
RFP #112811
Issued by
The National Joint Powers Alliance®
For the procurement of:
PASSENGER CARS, LIGHT DUTY, MEDIUM DUTY, AND HEAVY DUTY TRUCKS
WITH RELATED ACCESSORIES.
Please read this solicitation to include the following:
• The deadline for submission of proposals shall be extended from October 27,
2011 at 4:30 PM Central Time to November 17, 2011 at 4:30PM Central Time.
• The public opening of proposals received shall be extended from October 28,
2011 at 8:00 AM Central Time to November 18, 2011 at 8:00 AM Central
Time.
• With respect to compliance with the general baseline specifications issues on
the Excel pricing spreadsheet, please identify the compliant equipment you
are proposing for the parameter identified and identify it as complaint. IN the
event you do not have a compliant option please identify the equipment you
want to propose for the parameter identified and identify it as "Non -
Compliant" with that specification.
• NJPA has moved. Please update all addresses. We have moved from 200 1s'
ST NE Staples, MN to 202 12 Street NE Staples, MN 56479. This change will
affect and include the address for delivery of your proposal to NJPA.
107
CORRECTED Addendum 101811
To that certain
RFP #112811
Issued by
The National Joint Powers Alliance®
For the procurement of:
PASSENGER CARS, LIGHT DUTY, MEDIUM DUTY, AND HEAVY DUTY TRUCKS
WITH RELATED ACCESSORIES.
Please read this solicitation to include the following:
QUESTION:
I will address the current situation for Government agency Members in the State of
Washington alone, just to give you an idea of the complexity.
Sales tax must be paid by (even State) Government agencies. In the case
where the selling dealer is located in the state, the sales tax charged is
applicable to that which is charged at the location of the selling dealer.
Sales taxes vary by county (and, in some cases, by city ... so it's actually by
Zip Code!), and if the selling dealer is located outside the state, then the
Member must pay the sales tax that is applicable at their site.
• In the case of vehicles that are purchased but as yet not complete
vehicles (such as, cab /chassis that must have a service body
installed), the sales tax must include the completed vehicle. If a
Member chooses to purchase the chassis from me, and have someone
else complete the truck, sales tax cannot be determined /collected until
the unit is complete.
• In addition, the licensing cannot be completed until the completed unit
is weighed, and a weight slip is included in the licensing app.
• The only way a dealer might be able to take on these responsibilities
would be to:
• Add a fee to consider the cost of flooring these vehicles through
this extra time the vehicle is "on their inventory books."
• Add an additional fee for a business, such as RoadReady
(www.,roadreadyrcc s� cafn) to take care of all the complexities
of this task, ensuring the dealer has not erred in the process of
serving the Members. The cost of a service such as this is
$105 /vehicle, and we will have to consider this cost in the
rendering of our bid.
Licensing is typically carried out by the Member for their vehicles.
I would hazard a guess that every state has different sales tax and licensing
policies—although Washington is decidedly complex.
I would suggest to you that the Members would be best served to take the
responsibility for taking care of the sales tax (where due), and the licensing as well.
The alternative is for the supplier to require that the Member indicate the sales tax
1:
that will be due to their purchase, as well as the cost of licensing, with the
understanding that if the actual cost incurred has a variance, they will be charged (or
reimbursed) for any difference.
ANSWER:
You can make your proposal any way you want it to be, however you need to
disclose your exceptions to the "total cost of acquisition" costs which are not included
in your proposed pricing. Sales tax and licensing are to be included in the total cost
of acquisition.
Prior to working for NJPA I worked in banking. In our bank was a leasing department
where we leased equipment in the underground directional boring industry
nationwide. To accomplish this we purchased software which ensured our compliance
with state and local sales taxes and helped us file sales tax returns in every state in
the nation. My point is that there are solutions out there for this problem. If you
want to play on a national scale, this may be something you want to look into
investing in.
With regard to the titling issues, a motor vehicle, designed for use on a roadway,
which cannot be legally operated on a roadway because it is not legally titled, is less
valuable to NJPA Members than one that can. Our Members have not likely needed to
be licensing experts in the past and do not likely desire to become an expert to
utilize your contract. Therefore a proposal including titling will likely be superior to a
proposal excluding titling from the Proposer's responsibilities.
WE
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: April 5, 2016
AGENDA HEADING: Consent Agenda
Consideration and possible action to award a standard Public Works Contract to the
lowest responsible bidder, American Asphalt South, Inc. for the slurry sealing of the
streets in the area bounded by the north City Boundary, Sepulveda Boulevard, Mariposa
Avenue, and Sheldon Street. Project No.: PW 16 -09 (Fiscal Impact: $400,000.00)
RECOMMENDED COUNCIL ACTION:
1. Authorize the City Manager to execute a standard Public Works Contract in a
form as approved by the City Attorney with American Asphalt South, Inc., in the
amount of $307,485.70;
2. Approve an additional contingency of $92,514.30 for unforeseen conditions;
3. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Location Map
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $400,000.00
Additional Appropriation: Yes
Account Number(s): 106 - 400 - 8203 -8357 (Gas Tax)
ORIGINATED BY: Floriza Rivera, Principal Civil Engine-
REVIEWED BY: Stephanie Katsouleas, Public Works Director
APPROVED BY: Greg Carpenter, City Manager*
BACKGROUND AND DISCUSSION:
The Public Works Department administers a slurry sealing program as a preventative measure to
extend the life of pavement Citywide. The slurry sealing process consists of the application of a
thin asphalt slurry layer on existing asphalt pavement to prevent water intrusion.
On February 16, 2016, City Council adopted the plans and specifications for Project No. PW 16-
09, the FY 2015/16 Furnishing and Application of Slurry Seal on Various Streets Project, and
authorized staff to advertise the project for receipt of construction bids. The location of the
streets to be slurry sealed are the areas bounded by the north City Boundary, Sepulveda
Boulevard, Mariposa Avenue, and Sheldon Street (the northeast residential quadrant, see
attached map). Please note that due to other right -of -way work scheduled to occur in northeast
quadrant this summer, several streets were eliminated from the base bid. They will instead be
110
slurried at the conclusion of the water main replacement project later this fall. These streets
include:
• Center Street between Mariposa Avenue and Imperial Avenue
• Walnut Avenue between Center Street and California Street
• Maple Avenue between Center Street and California Street
Likewise, several streets in the northwest residential quadrant that were not slurried during the
last cycle due to water and sewer main improvements have been included in this base bid. These
streets include:
• Bayonne Street between Palm Avenue and Maple Avenue
• Oak Avenue between Bayonne Street and Virginia Street
• Virginia Street between Mariposa Avenue and Maple Avenue excluding the
Virginia/Palm intersection
On March 15, 2016, the City Clerk received and opened six (6) bids as follows:
1.
American Asphalt South, Inc.
$307,485.70
2.
Roy Allan Slurry Seal, Inc.
$307,854.97
3.
Mission Paving and Sealing
$330,882.65
4.
Pavement Coatings Co.
$356,441.00
5.
Doug Martin Contracting, Co.
$442,112.25
6.
All American Asphalt
$472,792.45
Staff reviewed the bid package submitted by the lowest bidder. American Asphalt South has
successfully completed the City's last two slurry seal projects and has satisfactorily completed a
number of similar projects for other agencies. Staff recommends that the City Council 1) award
a standard public works contract to American Asphalt South, Inc. in the amount of $307,485.70
for the base bid and authorize an additional contingency of up to $92,514.30 for unforeseen
conditions. Any funds not expended will be returned to the Gas Tax fund at the end of the
project.
111
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112
EL SEGUNDO CITY COUNCIL
MEETING DATE: April 5, 2016
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to authorize the City Manager to enter into
Memorandum of Agreements (MOA) for Implementation of Coordinated Integrated
Monitoring Programs (LIMP) for Jurisdictional Groups 2 & 3 of the Santa Monica Bay
Watershed and for the Dominguez Channel Watershed.
(Fiscal Impact: $120,543.00 in FY 15/16 and $53,913.00 in FY 16/17)
RECOMMENDED COUNCIL ACTION:
Authorize the City Manager to enter into a Memorandum of Agreement, approved in
form by the City Attorney, between the Cities of Los Angeles, Santa Monica and El
Segundo, the Los Angeles County Flood Control District, and the County of Los
Angeles for $104,391.00 for administration and cost sharing for Implementation of a
Coordinated Integrated Monitoring Program (CIMP) for Jurisdictional Groups 2 & 3
of the Santa Monica Bay Watershed.
2. Authorize the City Manager to enter into a Memorandum of Agreement, approved in
form by the City Attorney, between The South Bay Cities Council of Governments
(SBCCOG), the Cities of Los Angeles, El Segundo, Hawthorne, Carson, Lawndale,
Lomita and Inglewood, the Los Angeles County Flood Control District, and the
County of Los Angeles for $70,065.00 for administration and cost sharing for
development of a Coordinated Integrated Monitoring Program (CIMP) for the
Dominguez Channel Watershed.
3. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
CIMP MOA for Santa Monica Bay Watershed (J 2/3)
CIMP MOA for Dominguez Channel Watershed
FISCAL IMPACT: FY 2015 -16: $120,543.00, FY 2016 -17: $53,913.00
Amount Budgeted: $206,600.00
Additional Appropriation: No
Account Number(s): 001 - 400 - 4302 -6206 (Storm Drains: Contract Services)
ORIGINATED BY: Lifan Xu, Principal Civil Engineer
REVIEWED BY: Stephanie Katsouleas, Public Work's Director
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
Permit Adoption History
In 1990, the California Regional Water Quality Control Board (Regional Board) adopted Order
No. 90 -079, which set in motion requirements for municipalities located in Los Angeles County
to comply with provisions of the Clean Water Act for contaminated discharges (commonly
113
called storm water and urban runoff discharges) in Municipally Separate Storm Sewer Systems
(MS4). ' This action was followed in 1992 by a provision requiring all Phase I cities, those with
regional populations greater than 100,000, to begin implementing best available technologies to
reduce or eliminate contaminated discharges. The Regional Board adopted new storm water
permits in 1996 and 2001, and approved four amendments between 2006 and 2010 to the 2001
permit.
November 8, 2012, the Regional Board adopted a new storm water permit, Order No. R4 -2012-
0175, which includes and expands upon the provisions called for in earlier permits. That Order
is still in effect today.
Current Requirements and Watershed Impacts
El Segundo belongs to two separate watersheds, which include Santa Monica Bay and
Dominguez Channel discharge areas.
Previous storm water permits focused on implementation of pollution control measures, while
the latest permit focuses on whether Permittees are actually achieving adopted water quality
standards (referred to as total maximum daily loads, or TMDLs) for receiving waters.
Confirmation of permit compliance will be substantially determined through monitoring of
receiving water bodies to determine whether pollutant thresholds /limits are being achieved. This
comprehensive monitoring program is referred to as a Coordinated Integrated Monitoring
Program (CIMP), which a primary component of the earlier adopted Enhanced Watershed
Management Program (EWMP).
On October 15, 2013, City Council approved staff's recommendation to participate in regional
CIMPs and EWMPs in both the Santa Monica Bay J2/3 and Dominguez Channel Groups by
authorizing the City Manager to enter into Memorandum of Understandings with respective
participating agencies. Regional participation in developing and implementing an Enhanced
Watershed Management Program allows Permittees to evaluate opportunities for collaboration
on large regional, multi - benefit projects which retain, through infiltration or capture and reuse,
the 85t' percentile 24 -hour storm event3 and all non -storm water runoff. The customized
EWMP provides Permittees greater flexibility to implement control measures on a larger
watershed scale. It also provides Permittees additional time to establish those coordinated
efforts with other jurisdictions. Each watershed group is also required to develop and implement
a monitoring program (the CIMP) to provide a means to measure compliance with permit
discharge requirements and supply information to guide EWMP management decisions. The
CIMP is composed of the following elements:
e Receiving water monitoring
Stormwater outfall monitoring,
Non - stormwater outfall monitoring
• New development and redevelopment effectiveness tracking,
I The authority to regulate storm water and urban runoff falls under the National Pollutant Discharge Elimination
System (NPDES) program, which is administered by the California Regional Water Quality Control Board
z Enhanced Watershed Management Programs include development of a Work Plan to control pollution as well as a
monitoring plan to track effectiveness of the pollution control measures implemented.
3 The 85 percentile 24 -hour storm event, as determined from the Los Angeles County 851h Percentile Precipitation
Isohyetal Map, establishes a rainfall depth that is equal or greater than 85 percent of all storm events during 24 hour
periods. The 85' percentile 24 -hour rainfall depths ranged from 0.90 to 0.99 inch throughout El Segundo.
114
• Regional studies
• Special studies as necessary
Final costs for developing El Segundo's two watershed CIMPs and cost sharing plans based on
tributary areas have been finalized and are summarized below. The costs also include non-
recurring expenses such as design and construction of new monitoring stations.
Staff recommends that City Council:
• Authorize the City Manager to enter into a Memorandum of Agreement, approved in
form by the City Attorney, between the Cities of Los Angeles, Santa Monica and El
Segundo, the Los Angeles County Flood Control District, and the County of Los Angeles
for $104,391.00 for administration and cost sharing for Implementation of a Coordinated
Integrated Monitoring Program (CIMP) for Jurisdictional Groups 2 & 3 of the Santa
Monica Bay Watershed.
• Authorize the City Manager to enter into a Memorandum of Agreement, approved in
form by the City Attorney, between The South Bay Cities Council of Governments
(SBCCOG), the Cities of Los Angeles, El Segundo, Hawthorne, Carson, Lawndale,
Lomita and Inglewood, the Los Angeles County Flood Control District, and the County
of Los Angeles for $70,065.00 for administration and cost sharing for development of a
Coordinated Integrated Monitoring Program (CIMP) for the Dominguez Channel
Watershed.
In accordance to the invoice billing schedules in the MOA, the CIMP invoices for FY 2015/16
and 2016/17 are due this fiscal year, and the CIMP invoices for FY 2017/18 are due within El
Segundo's 2016/17 fiscal year. The fiscal impacts for the City are summarized below:
Amounts Due FY 2015/16 I Total
Santa Monica Bay $69,279.00 $35,112.00 $104,391.00
J2 &3 Watershed
Dominguez Channel $51,264.00 $18,801.00 $70,065.00
Watershed
Total $120,543.00 $53,913.00 $174,456.00
115
CIMP cost
for
Bay Watershed
2015 -16
2016 -17
2017 -18 10 % cont.
Total
SMB J2 &3
$761,940.00_
$789,650.00
$573,848.00
$212,544.00
2,337,982.00
El Segundo
$34,021.00
$35,258.00
$25,622.00
$9,490.00
$104,391.00
Portion
$26,941.00
$18,801.00
Included
$70,065.00
Portion
El Segundo's cost in percentage of the total watershed cost
4.47%
Staff recommends that City Council:
• Authorize the City Manager to enter into a Memorandum of Agreement, approved in
form by the City Attorney, between the Cities of Los Angeles, Santa Monica and El
Segundo, the Los Angeles County Flood Control District, and the County of Los Angeles
for $104,391.00 for administration and cost sharing for Implementation of a Coordinated
Integrated Monitoring Program (CIMP) for Jurisdictional Groups 2 & 3 of the Santa
Monica Bay Watershed.
• Authorize the City Manager to enter into a Memorandum of Agreement, approved in
form by the City Attorney, between The South Bay Cities Council of Governments
(SBCCOG), the Cities of Los Angeles, El Segundo, Hawthorne, Carson, Lawndale,
Lomita and Inglewood, the Los Angeles County Flood Control District, and the County
of Los Angeles for $70,065.00 for administration and cost sharing for development of a
Coordinated Integrated Monitoring Program (CIMP) for the Dominguez Channel
Watershed.
In accordance to the invoice billing schedules in the MOA, the CIMP invoices for FY 2015/16
and 2016/17 are due this fiscal year, and the CIMP invoices for FY 2017/18 are due within El
Segundo's 2016/17 fiscal year. The fiscal impacts for the City are summarized below:
Amounts Due FY 2015/16 I Total
Santa Monica Bay $69,279.00 $35,112.00 $104,391.00
J2 &3 Watershed
Dominguez Channel $51,264.00 $18,801.00 $70,065.00
Watershed
Total $120,543.00 $53,913.00 $174,456.00
115
CIMP cost
for Dominguez
Channel Watershed
2015 -16
2016 -17
2017 -18 10 % cont.
Total
Dominguez
$1,216,438.00
$1,337,951.00
$1,224,224.00
Included
$3,778,613.00
Watershed
$24,323.00
El Segundo
$26,941.00
$18,801.00
Included
$70,065.00
Portion
El Segundo's cost in percentage of the total watershed cost
1 1.85 %
Staff recommends that City Council:
• Authorize the City Manager to enter into a Memorandum of Agreement, approved in
form by the City Attorney, between the Cities of Los Angeles, Santa Monica and El
Segundo, the Los Angeles County Flood Control District, and the County of Los Angeles
for $104,391.00 for administration and cost sharing for Implementation of a Coordinated
Integrated Monitoring Program (CIMP) for Jurisdictional Groups 2 & 3 of the Santa
Monica Bay Watershed.
• Authorize the City Manager to enter into a Memorandum of Agreement, approved in
form by the City Attorney, between The South Bay Cities Council of Governments
(SBCCOG), the Cities of Los Angeles, El Segundo, Hawthorne, Carson, Lawndale,
Lomita and Inglewood, the Los Angeles County Flood Control District, and the County
of Los Angeles for $70,065.00 for administration and cost sharing for development of a
Coordinated Integrated Monitoring Program (CIMP) for the Dominguez Channel
Watershed.
In accordance to the invoice billing schedules in the MOA, the CIMP invoices for FY 2015/16
and 2016/17 are due this fiscal year, and the CIMP invoices for FY 2017/18 are due within El
Segundo's 2016/17 fiscal year. The fiscal impacts for the City are summarized below:
Amounts Due FY 2015/16 I Total
Santa Monica Bay $69,279.00 $35,112.00 $104,391.00
J2 &3 Watershed
Dominguez Channel $51,264.00 $18,801.00 $70,065.00
Watershed
Total $120,543.00 $53,913.00 $174,456.00
115
MEMORANDUM OF AGREEMENT
BETWEEN
CITY OF LOS ANGELES, COUNTY OF LOS ANGELES, LOS ANGELES
COUNTY FLOOD CONTROL DISTRICT, AND CITIES OF EL SEGUNDO
AND SANTA MONICA
REGARDING THE ADMINISTRATION AND COST SHARING OF
IMPLEMENTING THE COORDINATED INTEGRATED MONITORING
PROGRAM FOR JURISDICTIONAL GROUPS 2 AND 3 OF THE SANTA
MONICA BAY WATERSHED
This Memorandum of Agreement ( "Agreement ") is made and entered into as of the date of the
last signature set forth below by and between: the City of Los Angeles, a municipal corporation;
the County of Los Angeles, a political subdivision of the State of California; the Los Angeles
County Flood Control District (LACFCD), a body corporate and politic; the City of El Segundo,
a municipal corporation; and the City of Santa Monica, a municipal corporation. Collectively,
these entities shall be known herein as "Parties" or individually as "Party ".
RECITALS
WHEREAS, the Regional Water Quality Control Board, Los Angeles Region ( "LARWQCB ")
adopted the National Pollutant Discharge Elimination System Municipal Separate Storm Sewer
System Permit No. R4- 2012 -0175 ( "MS4 Permit ") on November 8, 2012; and
WHEREAS, the MS4 Permit became effective on December 28, 2012 and requires that the
County of Los Angeles, the LACFCD, and 84 of the 88 cities (excluding Long Beach, Avalon,
Palmdale, and Lancaster) within Los Angeles County comply with the requirements of the MS4
Permit; and
WHEREAS, the MS4 Permit identified the Parties as permittees that are responsible for
compliance with the MS4 Permit requirements pertaining to Jurisdictional Groups 2 and 3 of the
Santa Monica Bay Watershed; and
WHEREAS, the Parties have submitted a draft Coordinated Integrated Monitoring Program
(CIMP) in accordance with the MS4 Permit for Jurisdictional Groups 2 and 3 of the Santa
Monica Bay watershed to the LARWQCB on June 28, 2014; and
WHEREAS, the Parties revised and resubmitted the draft CIMP to the LARWQCB on June 15,
2015, which was conditionally approved by the LARWQCB on July 10, 2015; and
WHEREAS, the Parties have agreed to collaboratively implement certain requirements of the
CIMP ( "Monitoring Services "); and
1
116
WHEREAS, the Monitoring Services include sample collection, in -situ measurements,
laboratory analyses, design and construction of automated water sampling stations, source
investigations, and water quality data reporting as provided in the CIMP, as well as the
preparation of Annual Reports for the MS4 Permit that are due in December 2017 and 2018; and
WHEREAS, the City of Los Angeles has the expertise and equipment to perform the Monitoring
Services consistent with the CIMP; and
WHEREAS, the Parties have agreed to cooperatively share and fully fund the estimated costs for
implementation of the Monitoring Services, as contained in Exhibit A of this Agreement; and
WHEREAS, the Parties have agreed to retain the City of Los Angeles to perform the Monitoring
Services on their behalf, the Parties have agreed to pay the City of Los Angeles for their share of
the estimated costs of the Monitoring Services, and the City of Los Angeles is willing to provide,
perform, and be reimbursed for such Monitoring Services on behalf of the Parties as indicated in
Exhibit A; and
WHEREAS, the City of Los Angeles may elect to use a professional services contract with a
consultant ( "Consultant ") to implement part or all of the Monitoring Services; and
WHEREAS, the Parties agree that each shall assume full and independent responsibility for
ensuring its own compliance with the MS4 Permit despite the collaborative approach of this
Agreement;
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein,
the Parties do hereby agree as follows:
Section 1. Recitals. The recitals set forth above are fully incorporated as part of this
Agreement.
Section 2. Purpose. The purpose of this Agreement is to cooperatively fund the
implementation and to coordinate the payment of the Monitoring Services.
Section 3. Cooperation. The Parties shall fully cooperate with one another to attain the
purposes of this Agreement.
Section 4. Voluntary Nature. This Agreement is voluntarily entered into for the
implementation of the Monitoring Services.
Section 5. Term. This Agreement shall become effective on the date of final execution
by the Parties and it shall remain and continue in effect until June 30, 2018.
Section 6. Cost sharing of Monitoring Services prior to Executioi} of this Agreement.
The Parties agree that any substantiated costs incurred by the City of Los Angeles for performing
Monitoring Services prior to the execution date of this Agreement be cost - shared under this
2
117
Agreement according to the amounts specified in Exhibit A and shall be included in the first
invoice.
Section 7. The City of Los Angeles agrees:
a) Monitoring Services. — The City of Los Angeles will perform the Monitoring
Services in accordance with the CIMP and its applicable provisions in the MS4
Permit. Any changes in the Monitoring Services as a result of new requirements of
the LARWQCB or unforeseen challenges in the field will require approval by all
Parties.
b) Water quality data reporting. — The City of Los Angeles will submit water quality
data to the LARWQCB as required by the MS4 Permit. In addition, the City of Los
Angeles will submit to the Parties the data used to prepare the reports. This data will
be transmitted electronically in a format that contains the table structure and syntax
agreed upon by the Parties, e.g., California Environmental Data Exchange Network
format.
c) Annual Reports. — The City of Los Angeles will prepare two Annual Reports for the
MS4 Permit on behalf of the Parties. The first Annual Report will be due to RWQCB
in December 2016 and will cover the reporting period July 2015 — June 2016. The
second Annual Report will be due to RWQCB in December 2017 and will cover the
reporting period July 2016 — June 2017. The City of Los Angeles will distribute draft
copies of the Annual Reports for review by all Parties prior to finalizing the reports
for submittal to the LARWQCB.
d) Invoicing. - The City of Los Angeles will annually invoice the Parties as shown in
Table 4 and Table 5 of Exhibit A. The City of Los Angeles will credit the County of
Los Angeles the amounts shown in Table 5 of Exhibit A for performing trash
assessments on Venice Beach on behalf of the City of Los Angeles.
Section 8. The Parties agree:
a) Payment. — The Parties agree to pay the City of Los Angeles for the Monitoring
Services not exceeding the amounts shown in Table 4 of Exhibit A within sixty (60)
days of receipt of the invoice from the City of Los Angeles.
b) Documentation. — The Parties agrees to provide the City of Los Angeles at no cost
with all requested information and documentation that is available for release and
deemed necessary to perform the Monitoring Services by the City of Los Angeles.
c) The Parties shall allow reasonable access and entry to the City of Los Angeles or its
Consultant, on an as needed basis during the term of this Agreement, to their storm
drains, channels, catch basins, and similar properties to achieve the purposes of this
Agreement. Prior to entering any of a Party's facilities, the City of Los Angeles or its
3
118
Consultant shall obtain all necessary permits and provide that Party with a written
notice 72 hours in advance of entry.
d) The County of Los Angeles agrees to conduct trash and data collection on Venice
Beach on behalf of the City of Los Angeles and according to the procedures specified
in the City of Los Angeles Trash Monitoring and Reporting Program. Data analysis
and reporting will be the responsibility of the City of Los Angeles.
Section 9. Invoice and Payment.
a) Annual Payment. — Each Party shall pay the City of Los Angeles for its proportional
share of the estimated cost for Monitoring Services as shown in Table 4 of Exhibit A
within sixty (60) days of receipt of the invoice from the City of Los Angeles. The cost
estimates presented in Exhibit A have been agreed upon by all Parties, and are subject
to changes in the CIMP and pursuant to LARWQCB new requirements and
unforeseen challenges in the field. Any changes of annual invoices are subject to
sections 9(c) and 12(e) of this Agreement.
b) Invoice. — The City of Los Angeles will invoice the Parties as shown in Table 4 of
Exhibit A. The annual payments for the period of July 2015 — June 2018 will be
invoiced in January of each year starting January 2016 or upon the execution of this
Agreement, whichever is later.
c) Contingency. — The City of Los Angeles will notify the Parties a minimum of thirty
(30) days in advance of invoicing if actual expenditures for Monitoring Services are
anticipated to exceed the cost estimates contained in Table 1 of Exhibit A and obtain
written approval of such expenditures from all Parties. Upon approval of the
additional expenditures, the Parties agree to pay the City of Los Angeles for their
proportional share of these additional expenditures in the next annual invoice at an
amount not to exceed 10 percent of the original cost estimate for Monitoring Services
as shown in Table 4 of Exhibit A. The 10 percent contingency will not be invoiced,
unless actual expenditures exceed the original cost estimate for Monitoring Services.
Expenditures that exceed the 10 percent contingency will require an amendment of
this Agreement.
d) Reconciliation of this Agreement. — The City of Los Angeles will provide an
accounting upon termination of this Agreement within 90 days of said termination.
At the completion of the accounting, the City of Los Angeles shall return any unused
portion of all funds deposited with the City of Los Angeles for variable costs within
180 days of said termination. Fixed costs in Exhibit A are not subject to
reconciliation. Subject to agreement by the City of Los Angeles, any funds which are
to be reimbursed to a Party may be reimbursed through credits towards future
invoices and agreements, if requested in writing by that Party. At the end of each
fiscal year, the City of Los Angeles will provide the Parties with a statement of the
actual expenditures.
119 4
Section 10. Indemnification.
a) Each Party shall indemnify, defend, and hold harmless each other Party, including its
special districts, elected and appointed officers, employees, and agents, from and
against any and all liability, including but not limited to demands, claims, actions,
fees, costs, and expenses (including attorney and expert witness fees), arising from or
connected with the respective acts of each Party arising from or related to this
Agreement; provided, however, that no party shall indemnify another party for that
party's own negligence or willful misconduct.
b) In light of the provisions of Section 895.2 of the Government Code of the State of
California imposing certain tort liability jointly upon public entities solely by reason
of such entities being parties to an agreement (as defined in Section 895 of said
Code), each of the Parties hereto, pursuant to the authorization contained in Section
895.4 and 895.6 of said Code, shall assume the full liability imposed upon it or any of
its officers, agents, or employees, by law for injury caused by any act or omission
occurring in the performance of this Agreement to the same extent that such liability
would be imposed in the absence of Section 895.2 of said Code. To achieve the
above stated purpose, each Party indemnifies, defends, and holds harmless each other
Party for any liability, cost, or expense that may be imposed upon such other Party
solely by virtue of said Section 895.2. The provisions of Section 2778 of the
California Civil Code are made a part hereof as if incorporated herein.
Section 11. Early Withdrawal or Termination of Agreement.
a) Each Party may withdraw from this Agreement for any reason, in whole or part, by
giving the other Parties thirty (30) days written notice thereof. The withdrawing Party
shall remain wholly responsible for its proportional share of the cost that was incurred
up to the date of withdrawal. Completed work shall be owned by the Party or Parties
who fund the completion of such work. Rights to uncompleted work by the
Consultant still under contract will be held by the Party or Parties who fund the
completion of such work.
b) The City of Los Angeles shall notify in writing all Parties within fourteen (14) days
of receiving written notice from any Party that elects to withdraw from cost sharing of
Monitoring Services before the end of the term of this Agreement.
c) The City of Los Angeles may notify the LARWQCB of any Party that has elected to
withdraw from this Agreement before its end of the term. Each Party shall be
responsible for the payment of its own fines, penalties, and costs incurred as a result
of that Party's non - performance of the CIMP.
d) This Agreement may be terminated before the end of the term if agreed upon by all
Parties to this Agreement.
Section 12. General Provisions.
5
120
a) Notices. Any notices, bills, invoices, or reports relating to this Agreement, and any
request, demand, statement or other communication required or permitted hereunder
shall be in writing and shall be delivered to the Representative of the Party at the
address set forth in Exhibit B. Parties shall promptly notify each other of any change
of contact information, including personnel changes, provided in Exhibit B. Written
notice shall include notice delivered via email or fax. A notice shall be deemed to
have been received on (a) the date of delivery, if delivered by hand during regular
business hours, or by confirmed facsimile or by email; or (b) on the third (3) business
day following mailing by registered or certified mail (return receipt requested) to the
addresses set forth in Exhibit B.
b) Administration. For the purposes of this Agreement, the Parties hereby designate as
their respective Party Representatives, the persons named in Exhibit B. The
designated Party Representatives, or their respective designees, shall administer the
terms and conditions of this Agreement on behalf of their respective Party. Each of
the persons signing below on behalf of a Party represents and warrants that they are
authorized to sign this Agreement on behalf of such Party.
c) Relationship of Parties. The Parties are and shall remain at all times as to each other,
wholly independent entities. No Party to this Agreement shall have power to incur
any debt, obligation, or liability on behalf of another Party unless expressly provided
to the contrary by this Agreement. No employee, agent, or officer of a Party shall be
deemed for any purpose whatsoever to be an agent, employee, or officer of another
Party.
d) Binding Effect. This Agreement shall be binding upon and inure to the benefit of
each Party to this Agreement and their respective heirs, administrators,
representatives, successors and assigns.
e) Amendment. The terms and provisions of this Agreement may not be amended,
modified or waived, except by an instrument in writing signed by all non - delinquent
Parties. For purposes of this subsection, a Party shall be considered delinquent if that
Party fails to timely pay an invoice as required by Sections 8(a) and 9(a), or
withdraws pursuant to Section 11(a). Such amendments may be executed by those
individuals listed in Exhibit B or by a responsible individual as authorized by the
governing body of each Party.
f) Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant
of this Agreement shall not constitute a waiver of any other term, condition, or
covenant. Waiver by any Party to any breach of the provisions of this Agreement
shall not constitute a waiver of any other provision, nor a waiver of any subsequent
breach or violation of any provision of this Agreement.
g) Law to Govern; Venue. This Agreement shall be interpreted, construed, and
governed according to the laws of the State of California. In the event of litigation
121 6
between the Parties, venue in the state trial courts shall lie exclusively in the County
of Los Angeles.
h) No Presumption in Drafting. The Parties to this Agreement agree that the general
rule that an Agreement is to be interpreted against the Party drafting it, or causing it
to be prepared shall not apply.
i) Entire Agreement. This Agreement constitutes the entire agreement of the Parties
with respect to the subject matter hereof and supersedes all prior or contemporaneous
agreements, whether written or oral, with respect thereto.
j) Severability. If any term, provision, condition or covenant of this Agreement is
declared or determined by any court of competent jurisdiction to be invalid, void, or
unenforceable, the remaining provisions of this Agreement shall not be affected
thereby and this Agreement shall be read and constructed without the invalid, void, or
unenforceable provision(s).
k) Counterparts. This Agreement may be executed in any number of counterparts, each
of which shall be an original, but all of which taken together shall constitute but one
and the same instrument, provided, however, that such counterparts shall have been
delivered to all Parties to this Agreement.
1) All Parties have been represented by counsel in the preparation and negotiation of this
Agreement. Accordingly, this Agreement shall be construed according to its fair
language. Any ambiguities shall be resolved in a collaborative manner by the Parties
and shall be rectified by amending this Agreement as described in Section 12(e).
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on
their behalf, respectively, as follows:
7
122
CITY OF LOS ANGELES
Date:
ATTEST:
By:
Holly L. Wolcott
City Clerk
APPROVED AS TO FORM:
Michael N. Feuer
City Attorney
By.
Laurie Rittenberg
Assistant City Attorney
58.2
Kevin L. James, President
Board of Public Works
123 8
CITY OF SANTA MONICA
Date:
ATTEST:
By:
Sarah P. Gorman
City Clerk
APPROVED AS TO FORM:
Marsha Jones Moutrie,
City Attorney
Rick Cole, City Manager
9
124
CITY OF EL SEGUNDO
Date:
ATTEST:
By:
Tracy Weaver
City Clerk
APPROVED AS TO FORM:
:
Mark D. Hensley
City Attorney
am
Greg Carpenter
City Manager
10
125
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
Im
GAIL FARBER Date
Chief Engineer
APPROVED AS TO FORM:
MARY C. WICKHAM
County Counsel
In
Deputy Date
11
126
COUNTY OF LOS ANGELES
Lm
GAIL FARBER
Director of Public Works
APPROVED AS TO FORM:
MARY C. WICKHAM
County Counsel
By
Deputy
Date
Date
12
127
EXHIBIT A
Total Estimated Cost - Sharing for Santa Monica Bay Jurisdictions 2 and 3 CIMP and
Invoicing by City of Los Angeles
Table 1. Total Estimated Cost of Monitoring Services.
CIMP Component(l)
Fiscal
Year
Fiscal
Year
Fiscal
Year
Total
Receiving Water Monitoring
15-16
$
248,500
$
16-17
171,000
$
17-18
171,000
$
590,500
Storm Water Outfall Monitoring
$
34,000
$
66,000
$
66,000
$
166,000
Non -Storm Water OutfalI Monitoring
$
25,500
$
15,500
$
8,500
$
49,500
Reporting & Data Management (2) (15 %)
$
46,000
$
38,000
$
37,000
$
121,000
Capital Expenses
$
139,000
$
206,000
$
6,000
$
351,000
Operation & Maintenance Expenses` (6 %)
$
8,500
$
20,500
$
20,500
$
49,500
Contracted Services: Annual Report, Data
$
210,000
$
206,000
$
206,000
$
622,000
Tools, On -call support
Program Management (2) (5 %)
$
35,500
$
36,150
$
25,750
$
97,400
General Monitoring Cost (Sub - Total)
$
747,000
$
759,150
$
540,750
$2,046,900
Annual Escalation (2) (2 %, 2 %, 2 %)(3)
$
14,940
$
30,500
$
33,098
$
78,538
Annual Monitoring Cost (Total)
1 $
761,9401
$
789,6501
$
573,848
1 $2,125,438
(1) Costs not including contingency.
(2) Fixed costs are not subject to reconciliation.
(3) Cost estimates were developed in 2014 dollars.
(4) Costs incurred prior to execution of this Agreement are included in FY 2015 -16
Table 2. LACFCD Contribution.
12813
Table 3. Cost Allocation Formula and Total Cost for Other Agencies.
Agency
LACFCD $ 38,097 $ 39,483 $ 28,692 $ 106,272 $10,627
City of Los Angeles
Total
City of Los Angeles
18,934.64
75.02
$1,514,778
County of Los Angeles
$ 143,031 $ 148,233
130.40
0.52
$10,500
City of Santa Monica
Total
4987.47
19.76
$398,987
City of El seg_ undo
(Z) Contingency will not be invoiced unless there is a need for using it, as agreed upon by all Parties.
1185.63
4.7
$94,901
Totall
25,238.14
100
$2,019,166
(1) Land areas as defined in the Santa Monica Bay J2 &3 CIMP.
(2) Costs not including contingency.
Table 4. Invoicing by City of Los Anzeles and Contingencv.
Agency FiscalYear" Fiscal Year Fiscal Year Total Conti-
LACFCD $ 38,097 $ 39,483 $ 28,692 $ 106,272 $10,627
City of Los Angeles
$ 543,027 $ 562,775
$ 408,976 $1,514,778 $151,478
County of Los Angeles (3)
$ 3,764 $ 3,901
$ 2,835 $ 10,500 $1,050
City of Santa Monica
$ 143,031 $ 148,233
$ 107,723 $ 398,987 $39,899
City of El Segundo
$ 34,021 $ 35,258
$ 25,622 $ 94,901 $9,490
Total
$ 761,9401 $ 789,650
$ 573,8481 $2,125,438 1 $212,544
111 Invoicing will be in January of each fiscal year or upon the execution of this agreement, whichever
comes later.
(Z) Contingency will not be invoiced unless there is a need for using it, as agreed upon by all Parties.
(3) These amounts are to be adjusted for credits for performing trash monitoring on Vencie Beach as
shown in table 5.
Table 5. Reimbursement Venice Beach monitoring and final invoices for the County of Los
A Iiuploe-
14
129
County of Los Angeles annual CIMP cost"' $ 3,764 $ 3,901 $ 2,835 $ 10,500 $1,05
Annual cost Venice Beach monitoring (2) $ 4,085 $ 2,163
$ 2,216 $ 8,464 NA
Credit to County of Los Angeles (3) $ 3,764 $ 2,484
$ 2,216 $ 8,464 NA
County of Los Angeles invoice (4) $ - $ 1,417
$ 619 $ 2,036 NA
(l) Costs from Table 4.
(2) Cost estimate for Venice Beach trash monitoring as provided by County of Los Angeles
(3) Amount that City of Los Angeles will credit County of Los Angeles by Fiscal Year. The balance of $321
owed to the County in FY 2015 -16 will be credited in FY 2016 -17.
(4) Final invoice of City of Los Angeles to County of Los Angeles by Fiscal Year.
14
129
EXHIBIT B
Santa Monica Bay Jurisdictional Groups 2 and 3
Party Representatives
City of Los Angeles
Watershed Protection Division
1149 South Broadway Blvd.
Los Angeles, CA 90015
Mail Stop: 1149 -756
Party Representative: Hubertus H.J. Cox
1 I L11M Lls.Coxna lacity.ot
Phone No.: (213) 485 -3984
Fax: (213) 485 -3939
2. County of Los Angeles,
Department of Public Works
Watershed Management Division, l ph floor
900 South Fremont Ave.
Alhambra, CA 91803 -1331
Party Representative: Paul Alva
PALVA @dpw.lacounty.org Phone No.: (626) 458 -4325
Fax: (626) 457 -1526
3. Los Angeles County Flood Control District Department
Department of Public Works
Watershed Management Division, 11th Floor
900 South Fremont Ave.
Alhambra, CA 91803 -1331
Party Representative:Angela George AGEORGE @dpw.lacounty.org
Phone No.: (626) 458 -4300
Fax: (626) 457 -1526
4. City of Santa Monica
Office of Sustainability & the Environment
1717 4th Street, Suite 100
Santa Monica, CA 90401
Party Representative: Neal Shapiro, Urban Runoff Management Coordinator
Neal. Slia {giro ti,sni-- ov.aet, www.saiita-iiioiiicii.oi-�,,/ciivii-oiiiiielit
Phone No.: (310) 458 -8223
Fax: (310) 393 -1279
5. City of El Segundo, Public Works
350 Main Street
El Segundo, CA 90245
Party Representative: Lifan Xu
13015
Phone No.: (310) 524 -2368
16
131
MEMORANDUM OF AGREEMENT
BETWEEN THE CITY OF LOS ANGELES, THE CITY OF CARSON, THE CITY OF EL
SEGUNDO, THE CITY OF HAWTHORNE, THE CITY OF INGLEWOOD, THE CITY OF
LAWNDALE, THE CITY OF LOMITA, LOS ANGELES COUNTY FLOOD
CONTROL DISTRICT, AND THE COUNTY OF LOS ANGELES, AND THE SOUTH
BAY CITIES COUNCIL OF GOVERNMENTS
REGARDING THE ADMINISTRATION AND COST SHARING FOR IMPLEMENTING
THE COORDINATED INTEGRATED MONITORING PROGRAM (CIMP)
FOR THE DOMINGUEZ CHANNEL WATERSHED MANAGEMENT AREA
This Memorandum of Agreement (MOA), made and entered into as of the date of the
last signature set forth below by and between THE SOUTH BAY CITIES COUNCIL OF
GOVERNMENTS (SBCCOG), a California Joint Powers Authority, and THE CITY OF
LOS ANGELES (CITY), a municipal corporation, THE CITY OF CARSON, a municipal
corporation, THE CITY OF EL SEGUNDO, a municipal corporation, THE CITY OF
HAWTHORNE, a municipal corporation, THE CITY OF INGLEWOOD, a municipal
corporation, THE CITY OF LAWNDALE, a municipal corporation, THE CITY OF
LOMITA, a municipal corporation, LOS ANGELES COUNTY FLOOD CONTROL
DISTRICT (LACFCD), a body corporate and politic, and the COUNTY OF LOS
ANGELES (COUNTY), a political subdivision of the State of California.
WITNESSETH
WHEREAS, for the purpose of this MOA, the term PARTIES shall mean the
Cities of Los Angeles, Carson, El Segundo, Hawthorne, Inglewood, Lawndale, Lomita,
Long Beach, the COUNTY, and the LACFCD; and the term CITY shall mean only the
City of Los Angeles; and
WHEREAS, the U.S. Environmental Protection Agency (USEPA) and the
California Regional Water Quality Control Board, Los Angeles Region (Regional Board),
have classified the Greater Los Angeles County Municipal Separate Storm Sewer
System (MS4) as a large MS4 pursuant to 40 CFR section 122.26(b)(4) and a major
facility pursuant to 40 CFR section 122.2; and
WHEREAS, the Regional Board adopted National Pollutant Discharge
Elimination System MS4 Permit Order No. R4- 2012 -0175 (MS4 Permit); and
WHEREAS, the MS4 Permit became effective on December 28, 2012, and
requires that the LACFCD, the COUNTY, and 84 of the 88 cities (excluding Avalon,
Long Beach, Palmdale, and Lancaster) within the County comply with the prescribed
elements of the MS4 Permit; and
Page 1 of 33
132
WHEREAS, the MS4 Permit identified the PARTIES as MS4 permittees that are
responsible for compliance with the MS4 Permit requirements pertaining to the
PARTIES' collective jurisdictional area in the Dominguez Channel Watershed
Management Area as identified in Exhibit C of this MOA; and
WHEREAS, the PARTIES elected voluntarily to collaborate on the development
of an Enhanced Watershed Management Program (EWMP) and a Coordinated
Integrated Monitoring Program (CIMP) in accordance with the MS4 Permit for a portion
of the Dominguez Channel Watershed Management Area as identified in Exhibit C of
this MOA to comply with all applicable monitoring requirements of the MS4 Permit; and
WHEREAS, the PARTIES collaboratively prepared a final Scope of Work to
obtain a consultant (Consultant) to assist the PARTIES in the development of a CIMP;
and
WHEREAS, the CIMP was submitted to the Regional Board by the PARTIES on
June 26, 2014 and was conditionally approved by the Regional Board on December 11,
2015; and
WHEREAS, the CITY will perform the monitoring services (sample collection, in-
situ measurements, laboratory analyses and analyses reporting - collectively,
"MONITORING SERVICES ") consistent with the requirements of the approved CIMP
and pursuant to the MS4 Permit; and
WHEREAS, the PARTIES have agreed that the total cost for this MOA shall not
exceed $3,778,613; and.
WHEREAS, the PARTIES have agreed for the CITY to perform and coordinate
the MONITORING SERVICES on the PARTIES' behalf, and the PARTIES have agreed
to pay the CITY for its MONITORING SERVICES as indicated in Tables 1A-1E of
Exhibit A of this MOA; and
WHEREAS, the PARTIES agree to implement the CIMP per the submitted
schedule, and the CITY may perform some of the MONITORING SERVICES pursuant
to the CIMP prior to the execution of this agreement by all PARTIES; and
WHEREAS, the CITY retains the right to outsource some or all of the elements of
the MONITORING SERVICES, at a cost not to exceed those shown in Tables 1A -1 E of
Exhibit A; and
WHEREAS, the PARTIES desire to have the SBCCOG: (a) invoice and collect
funds from each of the PARTIES to cover the costs of MONITORING SERVICES and
pay the CITY; (b) administer this MOA; and (c) negotiate, enter into agreements with,
and collect funds from individual NPDES permit holders for cost - sharing of
MONITORING SERVICES as described in Section 7(e);
Page 2 of 33
133
WHEREAS, the PARTIES have agreed to cooperatively share and fully fund the
estimated costs of the implementation of the CIMP based on the Distributed Cost
contained in Tables 1A -1 E of Exhibit A of this MOA; and
WHEREAS, the PARTIES agree that each shall assume full and independent
responsibility for ensuring its own compliance with the MS4 Permit despite the
collaborative approach of the MOA; and
WHEREAS, individual NPDES permit holders that are not PARTIES may wish to
participate in the MONITORING SERVICES for individual permit compliance; and
WHEREAS, the PARTIES contemplate allowing such individual NPDES permit
holders to participate in the MONITORING SERVICES without being a party to this
MOA, in order to minimize the costs of preparing and implementing the CIMP to each of
the PARTIES; and
WHEREAS, the SBCCOG can enter into individual separate agreements with
such individual NPDES permit holders (which shall not become parties to this MOA) for
MONITORING SERVICES cost sharing purposes only; and
WHEREAS, if other individual NPDES permit holders participate in the cost
sharing relating to the MONITORING SERVICES, the PARTIES contemplate that the
cost sharing table in Exhibit A will be modified as appropriate and each PARTY's
proportional payment obligation reduced accordingly to reflect other individual NPDES
permit holders' payments.
NOW, THEREFORE, in consideration of the mutual benefits to be derived by the
PARTIES, and of the promises contained in this MOA, the PARTIES, and SBCCOG
agree as follows:
Section 1. Recitals. The recitals set forth above are true and correct and fully
incorporated into this MOA.
Section 2. Purpose. The purpose of this MOA is to cooperatively fund the
MONITORING SERVICES of the Dominguez Channel Watershed Management Area
Group CIMP and to authorize the SBCCOG to administer the cost sharing.
Section 3. Cooperation. The PARTIES and the SBCCOG shall fully cooperate with
one another to attain the purposes of this MOA.
Section 4. Voluntary._ This MOA is voluntarily entered into for the implementation of
the CIMP.
Page 3 of 33
134
Section 5. Term. This MOA shall become effective on the last date of execution by
either a PARTY or the SBCCOG and shall remain in effect for three (3) years from the
effective date or until June 30th, 2018, or whichever is later. The MOA may be
extended, through an amendment, for an additional three (3) years.
Section 6. Commitment. Once effective, all cooperating PARTIES and the SBCCOG
agree to uphold the promises contained in this MOA for the duration of the agreed upon
term.
Section 7. THE PARTIES AND SBCCOG AGREE:
a. Monitoring Services. The CITY will perform the MONITORING SERVICES to
support the PARTIES' submittal of the MS4 Permit Annual Report as detailed in
Exhibit D and per the practices found in the approved CIMP. The CITY reserves
the right to modify this MOA, through an amendment approved by all PARTIES,
when conditions, such as, but not limited to, expansion of CIMP requirements,
impact annual costs.
b. Reporting. The CITY will prepare and submit semi- and annual analytical
monitoring reports to the Regional Board as described in the CIMP, as well as
electronic files if requested by the Regional Board. The CITY will distribute
copies of the annual reports to the PARTIES at least seven (7) business days
prior to submittal to the Regional Board. The PARTIES may review and provide
comments prior to submittal to the Regional Board.
c. Invoicing. The SBCCOG will invoice the PARTIES in annual amounts not
exceeding the invoice amounts shown in Table 3 of Exhibit A. The annual
invoices will be issued in July of each calendar year in anticipation of the
expected monitoring cost for the fiscal year. The CITY shall provide SBCCOG an
accounting of the MONITORING SERVICES completed during each annual
payment term by October 31St of the following year. The PARTIES will form a
subcommittee to verify the accounting, monitoring and other work completed and
the amount of the invoices before the SBCCOG remits payment back to CITY.
d. Additional Studies. The PARTIES agree that conducting additional watershed -
wide special studies, monitoring with other watershed groups, conducting
necessary special studies, preparing grant applications, and /or conducting other
collaborative activities for the purpose of complying with the MS4 Permit may be
funded by the PARTIES subject to the terms of this MOU, provided that there are
available excess contract funds or contingency funds available to fund these
activities. Prior to the performance of any such activities, all PARTIES must
provide written approval of the activities and revised Tables 1A -1E of Exhibit A
showing which PARTIES will be funding the activities and in what amounts.
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135
e. Additional NPDES Permit Holders Participatina in Cost Sharing. The PARTIES
contemplate allowing other individual NPDES permit holders to participate in the
MONITORING SERVICES without being a party to this MOA, in order to
minimize the costs of preparing and implementing the CIMP to each of the
PARTIES. In the event that another NPDES permit holder wants to participate in
the MONITORING SERVICES, the SBCCOG may enter into an individual
separate agreement with such individual NPDES permit holder (which shall not
become a party to this MOA) for MONITORING SERVICES cost sharing
purposes. If other individual NPDES permit holders participate in the cost sharing
relating to the MONITORING SERVICES, the cost sharing tables in Exhibit A
shall be modified as appropriate and each PARTIES' proportional payment
obligation reduced accordingly to reflect other individual NPDES permit holders'
payments. The cost share breakdown will be updated in the watershed for which
the NPDES Permit Holder is joining, i.e. if a NPDES Permit Holder is located in
the Dominguez Channel Watershed, only PARTIES in the Dominguez Channel
Watershed will realize a reduction in payment.
Section 8. Payment.
a. Annual Payment. The PARTIES shall pay the SBCCOG for their proportional
share of the estimated cost for MONITORING SERVICES and SBCCOG fees as
shown in Table 2 of Exhibit A, within sixty (60) days of receipt of the invoice from
the SBCCOG. The SBCCOG will remit payment to the CITY within sixty (60)
days of receipt of payments from the other PARTIES, noting any delinquent
payments that remain due after deducting the SBCCOG's administrative five
percent (5 %) fee as set forth in Table 2 of Exhibit A and six hundred fifteen
dollars ($615) per individual permittee agreement.
b. Contingency. The CITY and the SBCCOG will attempt to notify the PARTIES if
actual expenditures for MONITORING SERVICES are anticipated to exceed the
cost estimates contained in Exhibit A. Inasmuch, the MONITORING SERVICES
may be adaptable to sampling events during an event that may preclude the
CITY from notifying the PARTIES, and the CITY may incur cost greater than the
contract estimates contained in Exhibit A. The PARTIES agree to pay the CITY
(through SBCCOG) for their proportional share of these additional expenditures
at an amount not to exceed ten percent (10 %) of their proportional annual cost as
shown in Tables 1A -1E of Exhibit A. Any costs which exceed this ten percent
(10 %) contingency will require an amendment to this MOA.
c. Reconciliation of this MOA. Any unexpended funds held by SBCCOG at the
termination of this MOA will be reimbursed or credited to the PARTIES by the
SBCCOG as requested in writing by each PARTY and in accordance with the
distributed cost formula set forth in Tables 1A -1 E of Exhibit A. At the end of the
MOA, the SBCCOG will provide the PARTIES with an accounting of actual
expenditures within ninety (90) days.
Page 5 of 33
136
d. Late Payment Penalty. Any payment that is not received within sixty (60) days
following receipt of the SBCCOG invoice shall be subject to interest on the
original amount from the date of the invoice at the rate of seven percent (7 %) per
annum.
e. Delinquent Payments_ A PARTY's or PARTIES' payment is considered to be
delinquent one hundred eighty (180) days after receipt of the invoice from the
SBCCOG. The following procedure may be implemented to attain payments
from the delinquent PARTY or PARTIES: 1) verbally contact/meet with the
manager(s) from the delinquent PARTY or PARTIES; 2) submit a formal letter to
the delinquent PARTY or PARTIES from SBCCOG counsel; and 3) notify the
Regional Board that the delinquent PARTY or PARTIES are no longer a
participating member of the CIMP. If the PARTY or PARTIES remain delinquent
after the above procedures, then that PARTY's participation in this MOA will be
deemed terminated, and the remaining PARTIES' cost share allocation shall be
adjusted in accordance with the cost allocation formula in Exhibit A.
Section 9. THE PARTIES FURTHER AGREE:
a. Payment. The PARTIES agree to pay the CITY, through the SBCCOG, for the
MONITORING SERVICES not exceeding the amounts shown in Tables 1A -1E of
Exhibit A, based on the distributed cost formula in Tables 1A-1E of Exhibit A,
attached hereto and made a part of this MOA by this reference.
b. ❑OCLImentatlon. The PARTIES agree to provide all requested information and
documentation in their possession and available for release to the CITY that is
deemed necessary by the PARTIES to perform the MONITORING SERVICES at
no cost to the CITY.
c. Each PARTY shall allow reasonable access and entry to the CITY, on an as-
needed basis during the term of this MOA, including but not limited to the
PARTY's storm drains, channels, catch basins, and similar properties
(FACILITIES) to achieve the purposes of this MOA, provided, however, that prior
to entering any of the PARTIES FACILITIES, the CITY shall provide written
notice seventy -two (72) hours in advance of entry to the applicable PARTY, or in
the cases where seventy -two (72) hour advanced notice is not possible, such as
in cases of unforeseen wet weather, as early as reasonably possible. The CITY
shall secure any required necessary permits prior to entry.
d. Each PARTY agrees that due to certain monitoring activities, such as toxicity
testing, the total cost of this MOA is not inclusive of those activities that may be
required to successfully complete the analyses. Thus, the PARTIES agree to
fund the required additional work when the CITY notifies them that the activity
has taken place. The PARTIES agree to pay the CITY (through the SBCCOG)
Page 6 of 33
137
for their proportional share of these additional expenditures at an amount not to
exceed their proportional annual cost plus the ten percent (10 %) contingency as
shown in Exhibit A. No PARTY will be obligated to pay for additional
expenditures which exceed this amount absent an amendment to this MOA.
e. Each PARTY agrees that in the course of the MONITORING SERVICES, the
results may require the participating PARTIES to seek technical consultant
services. The total cost of this MOA is not inclusive of these technical consultant
services. Thus, the PARTIES agree to fund the additional work and authorize the
CITY to seek the technical consultant services. The PARTIES agree to pay the
CITY (through the SBCCOG) for their proportional share of these additional
expenditures at an amount not to exceed their proportional annual cost plus the
ten percent (10 %) contingency as shown in Exhibit A. No PARTY will be
obligated to pay for additional expenditures which exceed this amount absent an
amendment to this MOA.
Section 10. Indemnification
a. Each PARTY including the SBCCOG shall indemnify, defend, and hold harmless
every other PARTY, including its special districts, elected and appointed officers,
employees, agents, attorneys, and designated volunteers from and against any
and all liability, including, but not limited to, demands, claims, actions, fees,
costs, and expenses (including reasonable attorney's and expert witness fees),
arising from or connected with the respective acts of that PARTY arising from or
related to this MOA; provided, however, that no PARTY shall indemnify another
PARTY for that PARTY's own negligence or willful misconduct.
b. In light of the provisions of Section 895.2 of the Government Code of the State of
California imposing certain tort liability jointly upon public entities solely by reason
of such entities being parties to an agreement (as defined in Section 895 of said
Code), each of the PARTIES hereto, pursuant to the authorization contained in
Sections 895.4 and 895.6 of said Code, shall assume the full liability imposed
upon it or any of its officers, agents, or employees, by law for injury caused by
any act or omission occurring in the performance of this MOA to the same extent
such liability would be imposed in the absence of Section 895.2 of said Code. To
achieve the above stated purpose, each PARTY indemnifies, defends, and holds
harmless every other PARTY for any liability, cost, or expense that may be
imposed upon such other PARTY solely by virtue of said Section 895.2. The
provisions of Section 2778 of the California Civil Code are made a part hereof as
if incorporated herein.
Section 11. Withdrawal
a. Any PARTY including the SBCCOG may withdraw from this MOA for any reason,
in whole or part, by giving the other PARTIES and the Regional Board thirty (30)
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138
days written notice thereof. Withdrawing PARTIES shall remain wholly
responsible for their share of the costs of MONITORING SERVICES for the
extent of the effective term of this MOA. Each PARTY shall also be responsible
for the payment of its own fines, penalties or costs incurred as a result of the
non - performance of the CIMP. Upon withdrawal by the SBCCOG, the PARTIES
shall meet and confer to designate an alternate organization to accept the
SBCCOG's responsibilities under this MOA.
b. The SBCCOG shall notify in writing all PARTIES within fourteen (14) days of
receiving written notice from any PARTY that intends to terminate this MOA.
c. If a PARTY fails to comply with any of the terms or conditions of this MOA, that
PARTY shall forfeit its rights to the work completed through this MOA, but no
such forfeiture shall occur unless and until the defaulting PARTY has first been
given notice of its default and a reasonable opportunity to cure the alleged
default.
Section 12. General Provisions
a. Notices. Any notices, bills, invoices, or reports relating to this MOA, and any
request, demand, statement, or other communication required or permitted
hereunder shall be in writing and shall be delivered to the representatives of the
PARTIES and /or SBCCOG at the addresses set forth in Exhibit B attached
hereto and incorporated herein by reference. PARTIES and SBCCOG shall
promptly notify each other of any change of contact information, including
personnel changes, provided in Exhibit B. Written notice shall include notice
delivered via e-mail or fax. A notice shall be deemed to have been received on
(a) the date of delivery, if delivered by hand during regular business hours, or by
confirmed facsimile or by e-mail; or (b) on the third (3) business day following
mailing by registered or certified mail (return receipt requested) to the addresses
set forth in Exhibit B.
b. Administration. For the purposes of this MOA, the PARTIES including SBCCOG
hereby designate as their respective representatives the persons named in
Exhibit B. The designated representatives, or their respective designees, shall
administer the terms and conditions of this MOA on behalf of their respective
entities. Each of the persons signing below on behalf of a PARTY or the
SBCCOG represents and warrants that he or she is authorized to sign this MOA
on behalf of such entity.
c. Relationship of the Parties. The parties to this MOA are, and shall at all times
remain as to each other, wholly independent entities. No party to this MOA shall
have power to incur any debt, obligation, or liability on behalf of any other party
unless expressly provided to the contrary by this MOA. No employee, agent, or
Page 8 of 33
139
officer of a party shall be deemed for any purpose whatsoever to be an agent,
employee, or officer of another party.
d. Binding Effect. This MOA shall be binding upon, and shall be to the benefit of the
respective successors, heirs, and assigns of each party to this MOA; provided,
however, no party may assign its respective rights or obligations under this MOA
without the prior written consent of the other parties.
e. Amendment. The terms and provisions of this MOA may not be amended,
modified, or waived, except by an instrument in writing signed by all non -
delinquent PARTIES and the SBCCOG. Such amendments may be executed by
those individuals listed in Exhibit B or by a responsible individual as determined
by each PARTY.
f. Law to Govern. This MOA is governed by, interpreted under, and construed and
enforced in accordance with the laws of the State of California. In the event of
litigation related to this MOA, venue in the state trial courts shall lie exclusively in
the County of Los Angeles.
g. No Presumption in Drafting. The parties to this MOA agree that the general rule
that an MOA is to be interpreted against the party drafting it, or causing it to be
prepared shall not apply.
h. Severability. If any provision of this MOA shall be determined by any court to be
invalid, illegal, or unenforceable to any extent, then the remainder of this MOA
shall not be affected, and this MOA shall be construed as if the invalid, illegal, or
unenforceable provision had never been contained in this MOA.
i. Entire Agreement. This MOA constitutes the entire agreement of the parties to
this MOA with respect to the subject matter hereof.
j. Waiver. Waiver by any party to this MOA of any term, condition, or covenant of
this MOA shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any party to this MOA of any breach of the provisions of this MOA
shall not constitute a waiver of any other provision, nor a waiver of any
subsequent breach or violation of any provision of this MOA.
k. Counterparts. This MOA may be executed in any number of counterparts, each
of which shall be an original, but all of which taken together shall constitute but
one and the same instrument, provided, however, that such counterparts shall
have been delivered to all parties to this MOA.
I. All parties to this MOA have been represented by counsel in the preparation and
negotiation of this MOA. Accordingly, this MOA shall be construed according to
its fair language. Any ambiguities shall be resolved in a collaborative manner by
Page 9 of 33
H
the PARTIES and SBCCOG and shall be rectified by amending this MOA as
described in Section 12(e).
IN WITNESS WHEREOF, the PARTIES and SBCCOG hereto have caused this
MOA to be executed by their duly authorized representatives and affixed as of the date
of signature of the PARTIES:
Page 10 of 33
141
COUNTY OF LOS ANGELES-
:A
GAIL FARBER, Director of Public Works Date
APPROVED AS TO FORM:
Mark J. Saladino
County Counsel
Deputy
Page 11 of 33
Date
142
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
GAIL FARBER, Chief Engineer
APPROVED AS TO FORM:
Mark J. Saladino
County Counsel
Deputy
Page 12 of 33
Date
Date
143
CITY OF CARSON
By
KENNETH C. FARFSING,
City Manager
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By
City Attorney
Page 13 of 33
Date
Date
144
CITY OF EL SEGUNDO
Greg Carpenter
City Manager
ATTEST:
Tracy Weaver
City Clerk
APPROVED AS TO FORM:
Mark D. Hensley
City Attorney
Page 14 of 33
145
CITY OF LAWNDALE
Date:
ATTEST:
Bernadette Suarez
City Clerk
APPROVED AS TO FORM:
Tiffany J. Israel
City Attorney
Page 15 of 33
Robert Pullen -Miles
Mayor
146
CITY OF LOS ANGELES
Date:
ATTEST-
Holly Wolcott
Interim City Clerk
APPROVED AS TO FORM:
Michael N. Feuer
City Attorney
in
Laurie Rittenberg
Assistant City Attorney
Page 16 of 33
Kevin James, President
Board of Public Works
147
CITY OF HAWTHORNE
Arnold Shadbehr
Interim City Manager
ATTEST:
Norbert Huber
City Clerk
APPROVED AS TO FORM:
Russell Miyahira
City Attorney
Page 17 of 33
Eff
CITY OF INGLEWOOD
Date:
ATTEST:
By:
Yvonne Horton
City Clerk
APPROVED AS TO FORM:
By:
Kenneth R. Campos
City Attorney
an
Page 18 of 33
James T. Butts
Mayor
EEO
CITY OF LOMITA
Date_
ATTEST:
By:
Sandra Medina
City Clerk
APPROVED AS TO FORM:
By:
Christi Hogin
City Attorney
Page 19 of 33
Jim Gazeley
Mayor
150
South Bay Cities Council of Governments
Date-
ATTEST:
APPROVED AS TO FORM:
Counsel for the SBCCOG
Page 20 of 33
151
EXHIBIT A
Dominguez Channel Enhanced Watershed Management Area CIMP
Table 1A. CIMP Implementation Cost
Dominguez Channel Watershed Management Area CIMP Summary Table
Fiscal Year Fiscal Year Fiscal Year Total over 3
Agency 15 -16 16 -17 17 -18 years
Total Cost of DC WMA CIMP $1,148,989 $1,269,477 $1,161,166 $3,579,632
LACFCD
$63,232
$69,372
$63,959
$196,562
City of Los Angeles
$439,786
$478,175
$447,396
$1,365,357
County of Los Angeles
$167,046
$198,508
$185,430
$550,984
City of El Segundo
$25,364
$22,722
$17,327
$65,414
City of Inglewood
$78,681
$70,485
$53,748
$202,914
City of Hawthorne
$78,836
$70,624
$53,853
$203,314
City of Lomita
$26,325
$70,884
$86,751
$183,960
City of Lawndale
$25,513
$22,856
1 $17,428
$65,797
City of Carson
$244,206
$265,850
1 $235,274
$745,330
Total Cost = Universal Costs (Shared Items) + Dominguez Channel Watershed Costs + Machado Lake Watershed Costs + LA
Harbor Costs
Table 1 B. Universal CIMP Costs
Universal Costs (Shared Items)
Area % of Total Fiscal Year Fiscal Year Fiscal Year Total over 3
Agency (acres) Area 15 -16 16 -17 17 -18 years
Universal Costs (shared) 50,886.10 100% $826,506 $719,725 $571,317 $2,117,548
LACFCD1
--
-
$41,325
$35,986
$28,566
$105,877
City of Los Angeles
9,243.21
37.82%
$296,926
$258,564
$205,248
$760,738
County of Los Angeles
8,140.91
16.00%
$125,616
$109,387
$86,831
$321,833
City of El Segundo
1,252.18
2.46%
$19,321
$16,825
$13,356
$49,502
City of Inglewood
3,884.28
7.63%
$59,935
$52,192
1 $41,430
$153,557
City of Hawthorne
3,891.93
7.65%
$60,053
$52,294
$41,511
$153,859
City of Lomita
1,227.70
2.41%
$18,944
$16,496
$13,095
$48,534
City of Lawndale
1,259.51
2.48%
$19,434
$16,924
$13,434
$49,792
City of Carson
11,986.38
23.56%
$184,952
$161,057
$127,847
$473,855
' LACFCD is responsible for 5% of the Universal Costs, which is subtracted before distributing the cost among the other agencies.
Page 21 of 33
152
Table 1C. Dominguez Channel Watershed Monitoring Costs
Dominguez
Agency
Dominguez Channel
Monitoring
Channel Watershed Monitoring Cost Distribution
Area
(acres)
% of Total
Area
Fiscal Year
15 -16
Fiscal Year
16 -17
Fiscal Year
17 -18
Total over 3
years
33,785.82
100%
$171,636
$167,496
$112,781
$451,913
LACFCD'
-
-
$8,582
$8,375
$5,639
$22,596
City of Los Angeles
5,986.68
17.72%
$28,892
$28,195
$18,985
$76,073
County of Los Angeles
6,755.80
20.00%
$32,604
$31,818
$21,424
$85,846
City of El Segundo
1,252.18
3.71%
$6,043
$5,897
$3,971
$15,911
City of Inglewood
3,884.28
11.5000
$18,746
$18,294
$12,318
$49,358
City of Hawthorne
3,891.93
1,259.51
11.52%
$18,783
$18,330
$12,342
$3,994
$49,455
$16,005
City of Lawndale
3.73%
$6,079
$51,907
$5,932
$50,655
City of Carson
10,755.44
31.83%
1 $34,108
$136,670
1 LACFCD is responsible for 5% of the Dominguez Channel Watershed Cost, which is subtracted before distributing the cost
among the other agencies.
Table 1 D. Machado Lake Watershed Monitoring Costs
Machado Lake Watershed Monitoring Cost Distribution
Agency
Area
(acres)
% of Total
Area
Fiscal Year
15 -16
Fiscal Year
16 -17
Fiscal Year
17 -18
Total over 3
years
Machado Lake
Watershed Monitoring'
5,669.61
100%
$36,318
$267,606
$362,415
$666,339
LACFCD2
-
--
$1,816
$13,380
$18,121
$33,317
City of Los Angeles
County of Los Angeles
1,998.43
35.25%
$12,161
$89,610
$121,357
$223,128
1,250.88
22.06%
$7,612
$56,089
$75,961
$139,663
City of Carson
1,207.37
1,212.93
21.30%
21.39%
$7,347
$54,138
$73,319
$134,805
City of Lomita
$7,381
$54,388
$73,657
$135,426
Wilmington Drain Bed Sediment Monitoring
(LACFCD)3
$6,087
$6,209
$6,211
$18,506
1 Machado Lake Watershed Monitoring includes: In -Lake monitoring for the Nutrients & Toxics TMDLs, Non - Stormwater Outfall
Screening & Monitoring, Stormwater Outfall Monitoring In Project 510 and 77 drains, and Dry & Wet Weather monitoring in
Wilmington Drain.
1 LACFCD is responsible for 5% of Machado Lake Watershed Monitoring cost which is subtracted before distributing the cost
among the other agencies.
3 LACFCD is responsible for 100% of Wilmington Drain Bed Sediment Monitoring
Page 22 of 33
153
Table 1 E. LA Harbor Watershed Monitoring Costs
LA Harbor Monitoring Cost Distribution
FY 15 -16
V Agency
Area
(acres)
% of Total
Area
Fiscal Year
15 -16
Fiscal Year
16 -17
Fiscal Year
17 -18
$108,442
Total over 3
years
$325,326
LA Harbor Monitoring
11,392.33
100%
$108,442
$108,442
LACFCD'
--
--
$5,422
$5,422
$5,422
$16,266
City of Los Angeles
11,258.10
98.82%
$101,806
$1,214
$101,806
$101,806
$305,418
$3,641
County of Los Angeles
134.23
1.18%
$1,214
$1,214
I LACFCD is responsible for 5% of the LA Harbor Cost which is subtracted before distributing the cost among the other agencies.
Notes:
LA Harbor Monitoring includes the cost of monitoring the Main Ship Channel (HW -07).
Monitoring for the LA Harbor Bacteria TMDL at Cabrillo Beach (CB -01 and CB -02) is the sole responsibility of City of Los Angeles
and is not covered in this MOA.
Monitoring for the Greater Harbors portion of the Dominguez Channel Toxics TMDL is funded under a separate MOA.
Table 2. South Bay Cities Council of Governments Fee
*Note: The SBCCOG yearly attorney fee will be $5,000. The attorney fee is doubled for FY15 -16 to account for costs in developing
MOA.
Page 23 of 33
154
FY 15 -16
FY 16 -17
FY 17 -18
CIMP Implementation Invoice
Amount per year
$1,148,989
$1,269,477
$1,161,166
SBCCOG Contract Management
Fee (5 %)
$57,449
$10,000
$63,474
$58,058
SBCCOG Attorney Fee
$5,000
$5,000
Total
$1,216,438
$1,337,951
$1,224,224
*Note: The SBCCOG yearly attorney fee will be $5,000. The attorney fee is doubled for FY15 -16 to account for costs in developing
MOA.
Page 23 of 33
154
Table 3. Invoice Schedule: SBCCOG to invoice Aqencies
Agency
LACFCD
Date
January 20161,2
July 2016 3
July 2017 °
$66,604.34
$72,795.61
$67,111.62
City of Los Angeles
County of Los Angeles
$464,017
$502,775
$470,050
$177,297
$208,915
$195,014
City of El Segundo
$26,941
$24,323
$18,801
City of Inglewood
$83,572
$75,451
$58,320
City of Hawthorne
$83,737
$75,600
$58,435
City of Lomita
$27,871
$72,453
$88,197
City of Lawndale
$27,099
$24,466
$18,911
City of Carson
$259,300
$281,173
$249,385
Total
$1,216,438
$1,337,951
$1,224,224
' This includes the cost for monitoring preparation and FY 15 -16
2 Or upon execution of this agreement, whichever is later
3 This includes all costs for FY 16 -17
This includes all costs for FY 17 -18
Table 4. City of Los Angeles Invoice Schedule to SBCCOG
Invoice Date
Period of Work
January 20161
All costs incurred for FY 14 -15 and FY 15 -16
July 2016:
Between 7/1/2016 to 6/30/2017
July 2017:
Between 7/1/2017 to 6/30/2018
1 Or upon execution of this agreement, whichever is later
Page 24 of 33
155
EXHIBIT B
Dominguez Channel Enhanced Watershed Management Area CIMP
Responsible Agencies Representatives and SBCCOG Contact
Agency Address
City of Los Angeles
Department of Public Works
Bureau of Sanitation, Watershed Protection Division
1149 S. Broadway
Los Angeles, CA 90015
County of Los Angeles
Department of Public Works
Watershed Management Division, 11th Floor
900 South Fremont Avenue
Alhambra, CA 91803 -1331
Los Angeles County Flood Control District
Department of Public Works
Watershed Management Division, 11th Floor
900 South Fremont Avenue
Alhambra, CA 91803 -1331
City of Carson
Office of the City Manager
701 E. Carson Street
Carson, CA 90749
City of El Segundo
350 Main Street
El Segundo, CA 90245 -3895
City of Hawthorne
4455 West 126th Street
Hawthorne, CA 90250 -4482
Page 25 of 33
Agency Contact
Shahram Kharaghani
E- mail: Shah ram. Kharaghani&lacity.org
Phone: (213) 485 -0587
Fax: (213) 485 -3939
Angela George
E -mail: ageroge(c-)dpw.lacounty.gov
Phone: (626) 458 -4304
Fax: (626) 457 -1526
Angela George
E- mail: ageorge@dpw.lacounty.gov
Phone: (626) 458 -4304
Fax: (626) 457 -1526
Kenneth C. Farfsing, Interim City
Manager
E -mail: kfarfsinq a[ �,carson.ca.us
Phone: (310) 835 -7261
Lifan Xu
E -mail: Ixu@elsegundo.org
Phone: (310) 524 -2368
Doug Krauss
E -mail: dkraUss@cityofhawthorne.org
Phone: (310) 349 -2987
Arnold Shadbehr, P.E., Interim City
Manager
E -mail: ashadbehrpcityofhawtho�- ii(-�.,-)E-c[
Phone: (310) 349 -2980
156
City of Inglewood
1 W. Manchester Blvd. 31d Floor
Inglewood, CA 90301 -1750
City of Lawndale
Office of the City Manager
14717 Burin Avenue
Lawndale, CA 90260
City of Lomita
24300 Narbonne Avenue
Lomita, CA 90717
South Bay Council of Governments
20285 S. Western Ave., #100
Torrance, CA 90501
Page 26 of 33
Lauren Amimoto
E- mail: lam imoto .cityofinglewood.org
Phone: (310) 412 -5192
FAX: (310) 412 -5552
Louis A. Atwell, Public Works Director
E- mail: latwell cityofinglewood.org
Phone: (310) 412 -5333
Steve Mandoki
E -mail: smandoltiC50awndaleciity.org
Phone: (310) 371 -3202
Fax: (310) 371 -8877
Mark McAvoy, Public Works Director
E -mail: m.mcayoy@lomita.city.com
Phone: (310) 325 -7110 ext. 210
Jacki Bacharach
E -mail: Jacki cY;south'baycities . or-q
Phone: (310) 293 -2612
157
EXHIBIT C
Dominguez Channel Enhanced Watershed Management Area Group
^ "—- Dominguez Channel
f-'ta;k, WMAGioup
-k
MEN Dominguez Channel Watershed Management Area Group
IL
E,
.ATE C F EATE 11
RE,'.
!,V,J1 TA t
158
EXHIBIT D
Detail of Monitoring Services to support the PARTIES submittal of the MS4 Permit
Annual Report
Program Contact Information
Permittee Name
City of Los Angeles
Permittee Program Supervisor
r
Title
Address
Los,Anges
1
City /Zip Code
Phone / Fax Number
(113 485-05871(213) 485 -3939
XVIII.A.1. Stormwater Control Measures
Effective Impervious Area (acres)
Dec. 28, 2012 (baseline)
Dec. 28, 2013
Dec. 28, 2014
Dec. 28, 2015
Dec. 28, 2016
TOTAL
FISCAL YEAR
2013/2014
Est. Total Runoff
Num. of Projects
Num. of Projects
Acres of Effective
Constructed
that reduced or
Impervious Area
Volume retain
disconnected
disconnected from
onsite
Impervious area
MS4
from MS4
New Development ProjectsQ
Redevelopment Projects
(a)
(b)
o
Other Projects that intercept
runoff
Riparian buffer /wetland
restoration projects
_l
Watershed TMDL related
projects
(a) Los Angeles River
(b) Ballona Creek
(c) Santa Monica Bay
(d) Marina del Rey
(e) Dominguez
TOTAL
Summary of other MCMs
implemented
Page 28 of 33
159
EXHIBIT D
XVIII.A.2. Effectiveness Assessment of Storm Water Control Measures
Rainfall Summary
FISCAL YEAR 2013 / 2014
Total No. of Storm Events
Highest Volume Event (in /24 hr)
Highest No. of Consecutive days of rainfall
Total Rainfall
Rainfall- Stnrmwater Outfall P. Wet - weather Rerelvine Water Menitorine Events
Event
Date
(XX /XX /XXXX)
Storm start
time
(AM /PM)
Storm
Duration
(hrs)
Highest storm
intensity -
15min
(in /hr)
TOTAL
Storm
Volume
(in)
Span between
sample event
& previous
storm event
(hr)
Provide hydrographs or flow data of pre- and post - control activity for the 85th percentile, 24 -hour rain event, if available, if
control measures were designed to reduce impervious cover or storm water peak flow and flow duration.
DOV 0D]DDDIED UH
C��D]p Di]OD
Comparison of reference watershed flow duration curve and flow duration curve for subwatershed under current conditions.
D]04 �D�DDDDD �DJ
DD[Dp [�]OD
ASSESSMENT: Quality of storm water discharges as measured at designed outfalls is improving, staying the same or
declining.
Page 29 of 33
.e
EXHIBIT D
ASSESSMENT: Wet- weather receiving water quality within the jurisdiction of the Permittee is improving, staying the same or
declining, when normalized for variations in rainfall patterns.
STATUS: Multi -year efforts, including TMDL implementation (no Trash TMDL), that were not completed in the current year
and will continue into the subsequent year(s).
H@U OC (KKLMDCD DH
STATUS: Multi -year efforts for Trash TMDL that were not completed in the current year and will continue into the
MYT OH
9UNIP MAD
Page 30 of 33
161
EXHIBIT D
XVIII.A.3. Non -Storm Water Control Measures
STATUS: Multi -year efforts, including TMDL implementation, that were not completed in the current year and will continue
into the subsequent year(s).
x]04 OCv] �MDCD UH
XVIII.A.4. Effectiveness Assessment of Non -Storm Water Control Measures
ASSESSMENT: Whether receiving water quality within the jurisdiction of the Permittee is impaired, improving, staying the
same or declining during dry- weather conditions.
ASSESSMENT: Effectiveness of the Permittee(s) control measures in effectively prohibiting non -storm water discharges
through the MS4 to the receiving water.
H@U U06] MM ©1210 HIM
STATUS: multi -year efforts that were not completed in the current year and will continue into the subsequent year(s).
x]04 O[V]C,dMDCD UK
(�OD]p IMIOM
Page 31 of 33
162
Significant Non - Stormwater Discharges
Subwatershed
No. of major
No. of
Total No. of
Confirmed Outfalls
outfalls
outfalls
outfalls
screen
screen since
Total Total Total No.
Total No.
Dec. 28,
Identified attributed to Abated
being
2012
allowable
monitored
sources I
3
STATUS: Multi -year efforts, including TMDL implementation, that were not completed in the current year and will continue
into the subsequent year(s).
x]04 OCv] �MDCD UH
XVIII.A.4. Effectiveness Assessment of Non -Storm Water Control Measures
ASSESSMENT: Whether receiving water quality within the jurisdiction of the Permittee is impaired, improving, staying the
same or declining during dry- weather conditions.
ASSESSMENT: Effectiveness of the Permittee(s) control measures in effectively prohibiting non -storm water discharges
through the MS4 to the receiving water.
H@U U06] MM ©1210 HIM
STATUS: multi -year efforts that were not completed in the current year and will continue into the subsequent year(s).
x]04 O[V]C,dMDCD UK
(�OD]p IMIOM
Page 31 of 33
162
EXHIBIT D
XVIII,.A.S. _ Integrated, Monitoring Compliance Report
Monitoring
ID Exceedances
If aquatic toxicity
e 8
Description of
2
Data
Section XILF &G of
was confirmed and
Mitigation Effort
Efforts for
Efforts to determine
MRP
a TIE was conducted
Taken
Exceedances
cause or contribute
To address storm
to exce_edances
Description of
Outfall-
Based on:
■ ID toxic chemicals
Describe efforts to
based storm
RW L water
as determined by
mitigate and /or
water discharges that
efforts that were
water
limitations
water quality-
the TIE.
• Include all relevant
eliminate all non -storm
water discharges that
exceeded one or more
applicable water
taken to determine
whether discharges
Wet
based effluent
data to allow the RB
exceeded one or more
quality based effluent
from the MS4
weather
limitations
to review the
applicable water
limitations, or caused
caused or
receiving
nonstorm
adequacy and
quality based effluent
or contributed to
contributed to the
water
water action
findings of the TIE.
limitations, non -storm
Aquatic Toxicity.
exceedances.
Dry weather
levels
water action levels, or
All eff t that were
receiving
aquatic toxicity
Shall include:
caused L,'--ontributed
D
taken4_tontrol the
water
thresholds
■ sample date
' sample start & end
to Aqua bc.. I oxoaty.
r '
I`�'�
di-_!i r- r of
po!i.r.., ,,, t."1 the
Non storm
water
All sample results
time
MS4 h, TcN.
that exceeded one
■ sample type (flow -
pl
recelV in
L
outfall
or more
weighted
�-
respo tie
applicable
composite, grab, or
�!� -,
!
ex R,
thresholds shall
field measurement))
�J
be readily
sample location(s)
identified.
as depicted on the
='
E71 D)
L
map
• the parameters
• analytical results
■ applicable
limitation
XVIII.A.6. Adaptive Management Strategies
Control Measure
Description of Significant Changes to Control
Measures
Effect ® D ij D P ear Future Year
1
e 8
2
3
Detailed description of control measures to be applied to New Development or Re- development projects disturbing more
than 50 acres.
DD4 ODDDDDD UH
DD[Dp DDM
Page 32 of 33
163
EXHIBIT D
Status of all multi -year efforts that were not completed in the current year and will continue into the subsequent year(s).
x]00 OH
COD[>�lp [�00
KVIII.A.7. Supporting Data and Information
Example of Excel spreadsheet column headers that would need to be prepared and submitted with
Annual Report.
Date
Parameter
Value
Unit
Analytical
Method
112114
Cu
4
mg 11
SM - ? ??
Station Watershed Sample
ID Type Start End
Time Time
LA -1 LAR grab 15:30 19:45
XVIII.A.2. Rainfall: Stormwater Outfall & Wet - weather Receiving Water Monitoring Events
(Date field must be linked to a database summarizing the weather data already prepared)
Permittee may at its option, provide an additional detailed summary table describing control measures that are not
otherwise described in the reporting requirements.
HOO DOOOOMO00 UGC]
ONp Ngu
Page 33 of 33
164
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: April 5, 2016
AGENDA HEADING: Consent Agenda
Consideration and possible action to receive and file this report regarding emergency
work to repair dwelling units at the Park Vista Senior Housing Facility due to water
intrusion without the need for bidding in accordance with Public Contracts Code §§
20168 and 22050 and El Segundo Municipal Code ( "ESMC ")§ 1 -7 -12 and 1 -7A -4.
(Fiscal Impact: $50,000.00)
RECOMMENDED COUNCIL ACTION:
(1) Receive and file this report regarding emergency work to repair dwelling units at the
Park Vista Senior Housing Facility due to water intrusion without the need for
bidding in accordance with Public Contracts Code §§ 20168 and 22050 and El
Segundo Municipal Code ( "ESMC ")§ 1 -7 -12 and 1 -7A -4.
(2) Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $50,000.00
Additional Appropriation: No
Account Number(s): 405- 400 - 0000 -6215 (Facilities Maintenance: Repairs and
Maintenance)
ORIGINATED BY: Stephanie Katsouleas, Director of Public Works
REVIEWED BY: Gregg Kovacevich, Assistant City Attorney
APPROVED BY: Greg Carpenter, City Manager It/
BACKGROUND AND DISCUSSION:
Construction to replace three sliding glass doors has been completed. Work will commence next
week on the deck modifications such that the deck slopes are improved, which will better direct
flow from the sliding glass doors to the floor drains. That work is expected to take approximately
three weeks to complete due to stripping the existing deck surfaces off and product cure times of
the new deck surface that will be installed.
Public Contracts Code § 22050 (c) requires that the City Council receive updates at every
regularly scheduled meeting until the emergency repair is completed. Therefore, staff
recommends that City Council receive and file this report on the status of the emergency repair
to address the water intrusion issues at Park Vista Senior Housing Facility.
165
EL SEGUNDO CITY COUNCIL MEETING DATE: April 5, 2016
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to 1) waive the bidding process for Joslyn Center
Refurbishment /Modernization Project and 2) award a standard Public Works Contract to
Excelsior Elevator to complete the required work. PW 16 -19 (Fiscal Impact: $95,000.00)
RECOMMENDED COUNCIL ACTION:
Waive the bidding process for refurbishment based on the "no competitive advantage"
exemption to Public Contract Code bid requirements for the Joslyn Center
Refurbishment/Modernization Project;
2. Award a standard Public Works contract in the amount of $85,582.00 to Excelsior
Elevator to complete the required work;
3. Authorize an additional contingency of $9,418.00; or
4. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Scope of Work
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $350,000.00
Additional Appropriation: N/A
Account Number(s): 405- 400 - 0000 -6215 (Facilities Maintenance Fund)
ORIGINATED BY: Stephanie Katsouleas, Public Works Directo*r .
REVIEWED BY: David King, Assistant City Attorney r
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
The Joslyn Center Elevator was installed in 1980 to provide an alternative path of travel between
the Recreation Park parking lot, the Joslyn Center and other park facilities. On a daily basis it is
used by senior citizens, persons with disabilities, parents with strollers and the community at
large. The elevator was refurbished and modernized in 1997, and is now in need of another
refurbishment due to the age and chronic use of the equipment installed 19 years ago.
In April 2013, the City awarded an elevator maintenance, repair and on -call service agreement to
Excelsior Elevator. Since that time, they have successfully maintained the City's five (5)
elevators and quickly responded to repair and emergency issues. However, over the past year, the
Joslyn Center elevator began experiencing greater than normal problems and mechanical
failures. Following the most recent operational problems with the Joslyn Center elevator this 1 0
past January, Excelsior advised the City that it was time upgrade the fatigued mechanical
equipment in order to truly restore elevator performance to acceptable standards, i.e., it needed to
be modernized. A life expectancy of public elevators is approximately 15 -20 years for those that
166
receive regular use and maintenance. Thus, this timing is appropriate. Please note that the
proposed modernization does not include replacement of the physical structure (e.g., the cab,
tower, etc.), but rather is an upgrade to the mechanical and electrical components that operate the
elevator.
Excelsior Elevator provided staff with a quote to complete the needed modernization for
$76,262.00 with an option to a install Fire Recall System for an additional $9,320.00. When
considering an approximately 3 % annual escalation factor, Excelsior's quote is substantially
similar to the quote received by Amtech Elevator in 2008 to modernize Park Vista's rear
elevator, and thus staff believes the estimate is reasonable.
Repairs of this magnitude typically require staff to put the project out to bid using Public
Contracting Code bidding procedures, which entails adopting plans and specifications and
advertising for the receipt of construction bids. However, staff recommends that City Council
waive the bidding procedures required by the Public Contracting Code and award the project
directly to Excelsior Elevator for the following reasons:
• Elevators require monthly inspections by the State of California. Any issues that are
found during inspections require immediately attention in order for the elevator to remain
operational. This is handled through our current on -call maintenance and repair contract
with Excelsior Elevator. As such, they remain liable for any work they perform and are
the responsible party for failures should they occur.
• Due to the nature of elevator operations, elevator companies will warranty their work so
long as no other company performs maintenance or repairs on the equipment during the
established warranty period. Once elevator equipment is "touched" by a different
elevator company, the warranty becomes void given the potential liabilities associated
with elevator equipment. Staff believes that it is in the best interest of the City to ensure
the full warranty value of the new equipment. If City staff advertises the project, and
Excelsior Elevator is not the low bid, the City will likely need to choose between voiding
the warranty due to required maintenance by Excelsior Elevator, or retain a new company
for maintenance during the warranty period. It is worth noting that Excelsior was the low
bidder for on -call maintenance and repair work and City staff is satisfied with their
workmanship and services to date.
• One exemption to competitive bidding requirements is if the public agency finds that the
bidding process would result in no competitive advantage (see, e.g., Graydon v.
Pasadena Redevelopment Agency (1980) 104 Cal.App.3d 631). Excelsior Elevator has
proven to be highly competitive in its pricing and it is unlikely that any other company
would bid a lesser amount. Moreover, as mentioned above, using another company other
than Excelsior Elevator for the refurbishment of the elevator would result in the loss of
warranty for the work performed on the elevator thus far and increased costs to the City
over both the short and long -term.
167
Therefore, based on the foregoing, staff recommends that City Council:
1. Adopt the attached resolution approving the plans and specifications for
refurbishment /modernization of the Joslyn Center elevator located in Recreation Park;
2. Waive the bidding process for refurbishment of the Joslyn Center Elevator;
3. Award a standard Public Works contract to Excelsior Elevator in the amount of
$85,582.00 for the project; and
4. Authorize an additional contingency of $9,418.00 for unforeseen events.
-
EXCELS/OR ELEI/I�TO/T
March 24, 2016
Martin Whitehead
City of El Segundo
150 Illinois Street
El Segundo, CA 90245
1961 Blair Avenue
Santa Ana, CA 92705
PH:(949)757 -1688 FAX:(949)757 -1689
Email: info @excelsiorelevator.com
Contractor's License No. 733576, Type C -11
MBE/WBE /DBE /SBEIWOSB
MODERNIZATION PROPOSAL
PROJECT LOCATION: 339 Sheldon Street
EI Segundo, Ca
NUMBER OF UNITS: One (1) Hydraulic Elevator
STATE ID NUMBER(S): 070921
PROPOSAL NUMBER: 216MOD1 3-08-02031 Rev1
We are pleased to submit a quotation for the elevator scope of work for the above referenced project for One (1) total
unit(s). Please be advised, our bid for the work as conditioned below is:
Our bid is conditioned on the following clarifications:
1. We are a qualified MBE/WBE /DBE /SBE/ WOSB contractor.
2. We shall not accept any special, indirect, liquidated or consequential damages of any kind.
3. Payment requirements shall be 25% due upon acceptance for processing, 25% due upon ordering of
equipment, the remaining portion shall be paid upon completion.
4. Insurance coverage requirements in excess of $1 million are subject to additional costs.
5. Our bid is based upon providing Excelsior Elevator standard equipment and standard submittal package as
outlined on the attached "Scope of Work." No special governmental submittal or calculations are included.
Submittal lead time is approximately four (4) weeks after processing is completed and initial 25% payment is
received.
6. Payments are due upon receipt of invoice and may be subject to late fees and interest penalties if not paid
within 30 days. Payment to us shall not be contingent on payment from owner.
7. Turnover of equipment will require 100% payment before we release the elevator for use.
8. Any modification to the building structure or building systems that is required in order to install the equipment
is not included.
9. All work specified in any "Related Work" portion of the specification is considered to be work to be performed
by other trades and not included in our bid unless specified.
10. No temporary use of the elevators will be permitted.
11. Please see Attachment "A" for pricing.
If you have any questions regarding this bid, please feel free to give us a call.
Sincerely,
EXCELSIOR ELEVATOR CORPORATION
Matthew Rough
Sales Manager
.!
SCOPE OF WORK:
We will provide labor and material to furnish and install on the above referenced unit(s) the following only:
Controller
Microprocessor Controller
New
Landing System (Stainless Tae )
New
Limit Switches
New
Solid t
S ate Starter
New
Car Sill (s)
Retain
Machine Room
Tank Unit
Retain
Motor
Retain
Pump Unit
Retain
Control Valve
Retain
Hoistway and Pit Equipment
Rails and Rail Brackets
Retain
Car Sling and Platform
Retain
Cab Shell
Retain
Cab Interior
Retain
Car Sill (s)
Retain
Car Flooring
Retain
Buffers and Pit Channels
Retain
Traveling Cable and Hatch Wiring
New
Toe Guard
Replace if Necessary
Top of Car Ins ection Station
New
Pit Stop Switch
Retain
Car Guides
Retain
Hydraulic Shut off Valve
Retain
Pit Ladder(s)
Retain
Pit Outlet and Light
Retain
Rupture Valve
New
Door Equipment
Door Operator — Closed Loop
New
Car Door Tracks
New
Car Door Clutch
New
Hoistway Door Tracks
New
Hoistway Door Closers
New
Hoistway Door Interlocks
New
Door Rollers and Gibs
New
Car Door Protection Device
New
Car Door Panels
Retain
Door Restrictor
New
Dust Covers/Fascia
Retain
Sight Guards
Retain
Fixtures
Car Operating Panel
New
ADA Compliant EmeNency Phone
New
Emergency Light in COP
New
Code Required Phase II Cabinet
New
Digital Position Indicator in COP)
New
Hall Riser 1 per floor — Vandal Resistant
New
Access Key switches in Tog and Bottom Hall Risers)
New
Hall Lanterns
N/A
Car Riding Lanterns
New
170
Other
Fire Recall System
By Others
Sprinklers
By Others
Electrical (Disconnects, GFCI Outlets )
By Others
Phone Line
By Others
No other equipment or modifications are included and shall be considered an additional cost to this proposal.
The proposed equipment is subject to the capabilities of the existing equipment. If modification or replacement of
any existing equipment other that that specified is required or if additional engineering and /or calculations are
required, it shall be done at an additional cost to this proposal.
All work to be performed- during regular Excelsior Elevator working hours during regular Excelsior Elevator working
days.
WORK BY OTHERS
The following items must be performed by others and you agree to:
1. Our bid is based upon utilizing the existing conduit from the machine room to the hoistway. If this conduit
requires modification, replacement or is inadequate to utilize for any reason, it shall be considered an extra to
this proposal.
2. Provide electrical power for light, tools, hoists, etc. during installation as well as electrical current for starting,
testing and adjusting the elevator.
3. All cutting and patching of surface areas required for underground piping shall be the responsibility of the
owner. We shall not be responsible for any damages caused by cutting through any unexposed pipes, conduits
or any other conditions which exist on the jobsite.
4. Provide a safe and dry on -site storage area for elevator material.
5. Owner shall be responsible for any structural calculation or evaluations, which may be required because of
the new equipment.
6. Any modification or installation of lights and /or electrical outlets in the machine room and /or pit shall be
performed by others.
7. Make any necessary modifications to the building structure, which may be required for installation of the new
equipment.
8. Removal of any hazardous material such as, but not limited to, asbestos prior to start of work.
9. Where conditions require, we will provide protection for floors, walls and the elevator entrances, for the normal
activities associated with this work. Should special drilling or excavation of contaminant material equipment be
required, the owner will be responsible for all building protection required to bring this equipment in, use and
take off of the premises.
10. Owner to provide full access to the work area for the contractors works and their agents at all times during the
agreed upon work hours for the duration of the project.
11. Owner to provide all necessary permits for use of welding and gas burning & cutting in the elevator hoistway.
12. Owner will be responsible of deactivating and reactivating all fire, smoke and /or combustion sensors in the area
of work that may be activated by the effects of the operations required to complete this work.
LIMITATIONS
Under no circumstances shall the Excelsior Elevator Corporation Elevator Company be liable for indirect,
consequential, or special damages resulting from the installation or use of this product.
171
ATTACHMENT "A"
COST PROPOSAL
Recommended Modernization of equipment as described in the "scope of work" section:
Total: $76,262.00 (Seventy Six Thousand Two Hundred Sixty Two and 00 /100).
- Includes performance and payment bonds
Additional Modernization: Alternate #1 - Fire Recall System as described below — Additional
$9,320.00 (Nine Thousand Three Hundred Twenty and 00 /100) per elevator (as conditioned below):
Scope of Work for new fire recall system per elevator:
1. Provide wire and conduit for new fire detection devices and relays.
2. Install one (1) new fire alarm annunciator panel.
3. Install one (1) fire protection device at each elevator lobby and one (1) fire protection device in the
elevator machine room per code — features include relays for proper elevator recall functions.
Note: Elevator Recall System only - enables phase 1 and phase 2 functions on elevator and is not intended
for any other use. This is a stand -alone system. If the fire detection devices need to be tied into the
building fire panel, it will need to be done by the owner's fire alarm company at their cost.
The extent of the work to be performed is either described above or in the attached specification, which is incorporated into and
made a part of this document.
This proposal, including the provisions printed on the pages following, shall be a binding contract between you, or the party identified
below for whom you are authorized to contract (collectively referred to herein as "you "), and us when accepted by you through
execution of this proposal by you and approved by our authorized representative; or by your authorizing us to perform work for the
project and our commencing such work.
CUSTOMER
Approved by Authorized Representative
Pate-
Signed:
Print Name:
Title
EXCELSIOR ELEVATOR CORPORATION
Approved by Authorized Representative
Signed:
Print Name:
Title:
172
TERMS AND CONDITIONS
1. The work shall be performed for the sum stated on front and all sales or use taxes imposed.
2. In addition to the agreed price, you shall pay to us any future applicable tax imposed on us in connection with the performance of the work described.
1 This quotation is subject to change or withdrawal by us prior to acceptance.
4. We warrant to you that the work performed by us hereunder shall be free from defects, not inherent in the quality required or permitted, in material and
workmanship for one (1) year from the date of substantial completion. Our duty and your remedy under this warranty are limited to our correcting any such defect you
report to us within the warranty period by, at our opinion, repair or replacement, provided all payments due under the terms of this contract have been made in full. All parts
used for repair or replacement under this warranty shall be good quality and furnished on an exchange basis. Printed circuit boards used for replacement parts under this
warranty may be refurbished boards. Exchanged parts become our property.
5. We shall perform the work during our regular working hours of our regular working days unless otherwise agreed in writing. You shall be responsible for providing
suitable storage space at the site for our material.
6. You shall obtain title to all the equipment furnished hereunder when final payment for such material is received by us. In addition, you shall be granted a license to use
any software incorporated into any such equipment solely for operating such equipment.
7. Any drawings, illustrations or descriptive matter furnished with the proposal are submitted only to show the general style, arrangement and dimensions ofthe equipment.
8. Payments shall be made as follows: Twenty -five percent (25 %) of the price shall be paid as a down payment. Twenty -five percent (25 %) after we have completed
processing your equipment requirements, and orders are placed; the balance shall be paid on completion if the work is completed. We will not release the elevator for use until
100% of the contract price is paid, If the work is not completed within a thirty day period, monthly progress payments shall be made based on the value of any equipment
ready or delivered, if any, and labor performed through the end of the month less a five percent (5 %) retainage and the aggregate of previous payments. The retainage shall be
paid when the work is completed. We reserve the right to discontinue our work, including work and services covered under the maintenance agreement referenced on this
contract, at any time until payments shall have been made as agreed and we have assurance satisfactory to us that subsequent payments will be made when due. Payments not
received within thirty (30) days of the date of invoice shall be subject to interest accrued at the rate of eighteen percent (18 %) per annum or at the maximum rate allowed by
applicable law, whichever is less. We shall also be entitled to reimbursement from you of the expenses, including attorney's fees, incurred in collecting any overdue
payments.
9. Any material removed by us in the performance of the work shall become our property.
10. Our performance is conditioned upon your securing any required governmental approvals for the installation of any equipment provided hereunder and your providing
our workmen with adequate electrical power at no cost to us with a safe place in which to work, and we reserve the right to discontinue our work in the building whenever in
our opinion working conditions are unsafe. If overtime work is mutually agreed upon and performed, an additional charge thereof, at our usual rates for such work, shall be
added to the contract price. The performance of our work hereunder is conditioned on your performing the preparatory work and supplying the necessary data specified on the
front of this proposal or in the attached specification, if any. Should we be required to make an unscheduled return to your site to begin or complete the work due to your
request, acts or omissions, then such return visits shall be subject to additional charges at our current labor rates,
11. We shall retain a security interest in all material furnished hereunder and not paid for in full. You agree that a copy of this Agreement may be used as a financing
statement for the purpose of placing upon public record our interest in any material furnished hereunder, and you agree to execute a UCC -1 form or any other document
reasonably requested by us for that purpose.
12. Except insofar as your equipment maybe covered by an Excelsior Elevator Corporation maintenance or service contract, it is agreed that we will make no examination
of your equipment other than that necessary to do the work described in this contract and assume no responsibility for any part of your equipment except that upon which work
has been done under this contract
13. Neither you nor we shall be liable to the other party hereto for any loss, damage or delay due to any cause beyond your or our reasonable control, including, but not
limited to, acts of government, strikes, lockouts, fire, explosion, theft, floods, riot, civil commotion, war, malicious mischief, or act of God; provided, however, that, should
loss of or damage to our material or work occur at the sits, you shall compensate us therefore, unless such loss or damage results from our acts or omissions,
14. We do not agree under our warranty to bear the cost of repairs or replacements due to vandalism, abuse, misuse, neglect, normal wear and tear, modifications not
performed by us, improper or insufficient maintenance by others, or any cause beyond our control.
15. We shall conduct, at our own expense, the entire defense of any claim, suit or action alleging that without further combination, the use by you of any equipment
provided hereunder directly infringes any patent, but only on the conditions that (a) we receive prompt written notice of such claim, suit or action and full opportunity to
assume the sole defense thereof, including settlement and appeals, and all information available to you for such defense; (b) said equipment is made according to a
specification or design furnished by us; and (c) the claim, suit or action is brought against you. Provided all of the foregoing conditions have been met, we shall, at our own
expense, either settle said claim, suit or action or shall pay all damages excluding consequential damages and costs awarded by the court therein and, if the use or resale of
such equipment is finally enjoined, we shall at our option, (i) procure for you the right use of the equipment, (ii) replace the equipment with equivalent non - infringing
equipment, (iii) modify the equipment so it becomes non - infringing but equivalent, or (iv) remove the equipment and refund the purchase price (if any) less a reasonable
allowance for use, damage or obsolescence.
16. THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT ARE THE EXCLUSIVE WARRANTIES GIVEN: WE MAKE NO OTHER
WARRANTIES EXPRESS OR IMPLIED, AND SPECIFICALLY MAKE NO WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY
PARTICULAR PURPOSE; AND THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ANY SUCH WARRAN'T'IES AND
ANY OTHER OBLIGATION OR LIABILITY ON OUR PART.
17. Under no circumstances shall we be I iable for any special, indirect or consequential damages of any kind including, but not limited to, loss of profit, loss of good will,
loss of business opportunity, additional financing costs, or loss of use of any equipment or property, whether in contract, in tort (including negligence), in warranty or
otherwise.
18. Your remedies set forth herein are exclusive and our liability with respect to any contract, or anything done in connection therewith such as performance or breach
thereof, or from the manufacture, sale, delivery, installation, repair or use of any equipment furnished under this contract, whether in contract, in tort (including negligence), in
warranty or otherwise, shall not exceed the price for the equipment or services rendered.
19. It is agreed that after completion of our work, you shall be responsible for ensuring that the operation of any equipment furnished hereunder is periodically inspected.
The interval between such inspections shall not be longer than what may be required by the applicable governing safety code.
20. By accepting delivery of parts incorporating software you agree that the transaction is not a sale of such software but merely a license to use such software solely for
operating the unit(s) for which the part was provided, not to copy or let others copy such software for any purpose whatsoever, to keep such software in confidence as a trade
secret, and not to transfer possession of such part to others except as a part of a transfer of ownership of the equipment in which such part is installed, provided that you inform
us in writing about such ownership transfer and the transferee agrees in writing to abide by the above license terms prior to any such transfer.
21. Our work shall not include the identification, detection, abatement, encapsulation or removal of asbestos, polychlorinated biphenyl (PCB), or products or materials
containing asbestos, PCB's or other hazardous substances. In the event we encounter any such product or materials in the course of performing work, we shall have the right
to discontinue our work and remove our employees from the project until you have taken the appropriate action to abate, encapsulate or remove such products or materials,
and any hazards connected therewith, or until it is determined that no hazard exists (as the case may require). We shall receive an extension of time to complete the work
hereunder and compensation for delays encountered as a result of such situation.
22. This Agreement constitutes the entire understanding between the parties regarding the subject matter hereof and may not be modified by any terms on your order form or
any other document, and supersedes any prior written or oral communication relating to the same subject. Any amendment or modifications to this Agreement shall not be
binding upon either party unless agreed to in writing by an authorized representative of each party. Both parties agree that any form issued by you that contains any terms that
are inconsistent with those contained herein shall not modify this Agreement, nor shall it constitute an acceptance of any additional terms.
173
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: April 5, 2016
AGENDA HEADING: Consent Agenda
Consideration and possible action regarding the approval of a Fifth Amendment to a Professional
Services Agreement with Michael Baker International, Inc., to increase the contract amount to
provide environmental review services required by the California Environmental Quality Act
(CEQA) for the Raytheon El Segundo South Campus Specific Plan Project. (Fiscal Impact: up to
$663,173.47 Developer Reimbursed Trust Fund)
RECOMMENDED COUNCIL ACTION:
1. Approve a budget appropriation of up to $663,173.47 to provide environmental review
services;
2. Authorize the City Manager to execute a Fifth Amendment to a Professional Services
Agreement for environmental review services, in a form approved by the City Attorney, in an
amount not to exceed $663,173.47; and /or;
3. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Michael Baker International, Inc. Revised Costs /Proposal for Preparation of an
Environmental Impact Report for the Raytheon El Segundo South Campus Specific
Plan Project.
FISCAL IMPACT: $663,173.47
Amount Budgeted: $598,721
Additional Appropriation: $64,452.47
Account Number(s): Developer Reimbursed Trust Fund established for this
project
ORIGINATED BY: Paul Samaras, Acting Planning Manager
REVIEWED BY: Sam Lee, Director of Planning Building Safet
APPROVED BY: Greg Carpenter, City Manager f
BACKGROUND AND DISCUSSION:
On January 19, 2016, the City Council approved the Raytheon El Segundo South Campus Specific
Plan Project. The required environmental review covered a Specific Plan for the 142.28 acre
Raytheon site located south of El Segundo Boulevard generally between South Sepulveda
Boulevard and South Douglas Street. The Specific Plan allows the property to be built out to a
0.6 floor area ratio (FAR). The project allows for up to an additional 1,843,630 net square feet of
development in addition to the existing 1,874,591 net square feet of development on the campus
site. The project entitlements include a General Plan Amendment, General Plan Map Amendment,
174
C
Zone Change, Zone Text Amendment and Specific Plan. The project also includes a Development
Agreement and a Vesting Tentative Tract Map to divide the property into 24 parcels.
The City Council previously directed Planning and Building Safety staff to obtain Council
approval on any planning consulting services contracts over $200,000 for the preparation of the
necessary environmental review pursuant to the California Environmental Quality Act (CEQA).
On March 16, 2011, the City entered into a Professional Services Agreement with Michael Baker
International, Inc. (formerly RBF Consulting) for the preparation of an Environmental Impact
Report (EIR) for the project. Due to the size, scope, and complexity of the project, which
necessitated extensive consultation with other responsible agencies, the City approved four
amendments to the original agreement, including three for the purpose of extending the term of
the agreement (1St, 3`d, and 4th amendments) and one to increase the budget for the agreement to
$598,721 (2nd amendment). Additional work, including attendance at public hearings, preparing
new traffic- related exhibits, and project coordination, resulted in costs ($64,452.47) not covered
in the previously approved budget. An amendment to the existing agreement is necessary to
complete the processing of the Raytheon project and to compensate Michael Baker International,
Inc. for services provided outside the scope of the previously approved agreement. Planning
Division staff seeks approval to enter into a fifth amendment to the existing agreement for CEQA
review of the project.
The applicant is responsible for reimbursing the City for all costs pursuant to an existing
reimbursement agreement between the applicant and the City. The funds to compensate Michael
Baker International, Inc. for its work under this agreement come from a developer funded trust
account established for the Raytheon project, not the General Fund.
Recommendation
Staff recommends that the Council: 1) approve a budget appropriation of $663,173.47 from a
developer funded trust account for planning consulting services; and 2) authorize the City Manager
to execute a Fifth Amendment to a Professional Services Agreement with Michael Baker
International, Inc., in a form approved by the City Attorney, for an amount not to exceed
$663,173.47.
PA\Planning & Building Safety\0 Planning - Old \Consultant Plug Services\Environmental Consultants\RBF- Michael Baker\Raytheon \Council
Docs\2016 04 05 CC Report Raytheon PSA 5th Amendment.docx
175
We Make a Difference
I N T E R N AT 1 0 N A L
March 22, 2016
Mr. Paul Samaras
Interim Planning Director
Planning & Building Safety Department
CITY OF EL SEGUNDO
350 Main Street
El Segundo, California 90245
Subject: Proposal to Provide Environmental Consulting Services for the Raytheon El Segundo
So. Campus SP Project EIR, 2015 Out -of -Scope Services & Contract Amendment 5
Dear Mr. Samaras:
Michal Baker International (Baker) is pleased to submit this Proposal to the City of El Segundo to
provide environmental consulting services for the Raytheon El Segundo South Campus Specific
Plan Project EIR. This Scope of Work pertains to the 2015 out -of -scope services and Contract
Amendments 5A and 5B, as described below.
• 2015 Out -Of -Scope Services: Out -of -scope services (including traffic- related) were
provided in 2015 for Project coordination /management, and meeting /hearing attendance.
Additionally, these fees cover the overall scope creep due to the Project's lifespan
extending from 1.5 years to 5 years; see attached Fees Table.
• Amendments 5A and 513: These services involved the following:
• Baker Team attendance at the remaining public hearings and associated consulting
services in support of City Staff through completion of the hearing process, as detailed
in the attached Fees Table.
• Preparation of new Traffic Exhibits, a new PowerPoint Presentation, and multiple
conference calls for the November 17, 2015 Public Hearing; and
• Preparation (including conference calls) and attendance of an additional Public
Hearing (December 1, 2015), which was cancelled the same day.
It is noted, although these services are a continuation of an existing project, this Scope of
Work/Fees is in addition to the Scope of Work/Fees detailed in the February 13, 2013 Second
Amendment to Agreement No. 4133 between the City and RBF Consulting (currently Baker). The
undersigned is an agent authorized to submit proposals on behalf of Baker and is authorized to
negotiate with the City of El Segundo on this Project.
Please do not hesitate to contact me at 949.855.3663 or at GAL @mbakerintl.com if you have any
questions or would like additional information.
Sincerely,
eICP
Vice President
Planning and Environmental Services
MBAKERINTL.COM
14725 Alton Parkway I Irvine, CA 92618
Office 949 472-35051 Fax 949 472-8373
176
Raytheon El Segundo South Campus Specific Plan Project EIR 22- Mar -16
Contract Amendment
Task
GL
RG
BM
AT
Total Total
Hours Fees
$275
$235
$240
$175
2015 OUT -OF -SCOPE SERVICES
Task 1: Public Hearings
1.1: February 18, 2015
1
4
8
8
21
$4,517
1.2: March 23, 2015
3
10
16
24
53
$11,145
1.3: May 29, 2015
2
8
16
20
46
$9,950
1.4: July 24, 2015
2
3
4
9
$1,800
SUB 5XSCOPEi
61
241
4
AMENDMENT 5A
Task 1: Public Hearings
1.1: Prepare for Public Hearing
(3 Hearings @ 4 Hours Each)
12
12
10
34
$7,450
1.2: Attend Public Hearing
(3 Hearings @ 8 Hours Each)
24
24
24
72
$15,600
Subtotal 5A -1
0
36
36
34
106
$23,050
Task 2: Project Management
2.1: Team Management & Coordination
(3 Months)
1
1 6
1
1 7
$1,685
Subtotal 5A -2
1
-61
01
01
71
1,685
Task 3: Other Direct Costs
3.1: Other Direct Costs
$250
Subtotal 5A -3
$250
TAL 5A SUBTO
1
-421
361 341 113
$24,985.00
AMENDMENT 5B
Task 1: Public Hearings
1.1: Prepare for Public Hearing
13
32
45
$8,720
1.2: Attend Public Hearing
6
6
12
$2,490
Subtotal 5B -1
0
0
19
38
57
$11,210
Task 2: Project Management
2.1: Team Management & Coordination
1
21
1
1
3
$745
Subtotal 5B-21
1 1
21
01
01
3
$745
Task 3: Other Direct Costs
3.1: Other Direct Costs
$100
Subtotal 5B -3
$100
SUBTOTAL 5A & 5B
$37,040.00
TOTAL
.Amendment 2 Contract Value (CV)
$598,721.00
TOTWENEWTV
$663,173.47
GL = Glenn Lajoie; RG = Rita Garcia; BM = Bob Matson; AT = Alex Tabrizi
Raytheon Amendment Fees 032216.xlsx 3/22/2016
177
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: April 5, 2016
AGENDA HEADING: New Business
Consideration and possible action to approve and adopt the updated Investment Policy, which has been
revised to include an updated list of Authorized Investments, with City of El Segundo- imposed
Restrictions, and add Benchmarks to compare Portfolio performance.
(Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Approve Proposed Resolution;
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Proposed Resolution and Investment Policy with glossary, Investment Broker /Dealer
Questionnaire
FISCAL IMPACT: $ None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
PREPARED BY: Dino Marsocei, Deputy City T eaSurer �
REVIEWED BY: Crista Binder, Treasurer
APPROVED BY: Greg Carpenter, City Manage
BACKGROUND & DISCUSSION:
The City of El Segundo Investment Policy (Policy) establishes the cash management and
investment guidelines for the City Treasurer. The City of El Segundo invests public funds in a
prudent manner with the primary objectives of, in priority order, safety of principal, adequate
liquidity and investment return, in conformance with all applicable state laws (Gov. Code
§ §53600 and 53635 et seq.) and local statutes governing the investment of public funds.
The City of El Segundo last updated and adopted the Investment Policy in 2011. State law
provides that any change in the City's Investment Policy is to be considered by the City Council
at a public meeting. (Gov. Code §53646(a)(2)). In addition, on an annual basis, the City
Treasurer will report to the City Council any material changes to the policy as reviewed and
approved by the City's Investment Advisory Committee (IAC). The IAC is required to review
and approve the policy annually.
Current updates to the Policy include:
- Expanded Policy description to include State of California code references and delegation oft 2
investment authority.
- Updated list of Authorized Investments, with City of El Segundo Imposed Restrictions.
178
-Added Benchmarks to compare Portfolio performance.
- Updated the Reporting and Investment Advisory Committee sections to reflect current
practices.
-Added Continuing Education for staff on an annual basis.
- Updated and added the Investment Broker /Dealer Questionnaire.
The City Treasurer and staff recommend the City Council adopt the attached, proposed
resolution, approving the Investment Policy.
179
RESOLUTION NO.
A RESOLUTION ADOPTING THE STATEMENT OF INVESTMENT
POLICY EFFECTIVE APRIL 1, 2016
The City Council of the City of El Segundo does resolve as follows:
SECTION 1: The City Council finds and declares as follows-
1. The City of El Segundo is required to have a Statement of Investment Policy that
regulates the investment of public funds.
2. Pursuant to Government Code §53646(a), the City Treasurer may submit the
Investment Policy to the local agency's legislative body as an agenda item at a
public meeting.
SECTION 2: Approval. The City Council of the City of El Segundo approves the
Statement of Investment Policy, attached as Exhibit A. The Statement of Investment
Policy will take effect retroactively, as of April 1, 2016.
SECTION 3: 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 this
adoption of the Resolution in the City Council's records and the minutes of this meeting.
SECTION 4: This Resolution will become effective immediately and will remain effective
unless repealed or superseded.
PASSED AND ADOPTED this 5th day of April, 2016.
Suzanne Fuentes,
Mayor
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO l
I, Tracy Weaver, 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
Resolution No. was duly passed and adopted by said City Council, approved and
fflff
signed by the Mayor,
Council held on the
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
and attested to by the City Clerk, all at a regular meeting of said
day of , 2016, and the same was so passed and adopted
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
2
181
Exhibit A
CITY OF EL SEGUNDO
STATEMENT OF INVESTMENT POLICY
EFFECTIVE April 1, 2016
Crista Binder, CTP, CHP
City Treasurer
NA
CITY OF EL SEGUNDO
INVESTMENT POLICY
TABLE OF CONTENTS
1.0
Policy
Page 3
2.0
Scope
Page 3
3.0
Prudence
Page 4
4.0
Ethics and Conflict of Interest
Page 4
5.0
Investment Objectives
Page 4
6.0
Delegation of Authority
Page 5
7.0
Authorized Investments
Page 7
8.0
Investment Pools /Mutual Funds
Page 8
9.0
Diversification Guidelines
Page 8
10.0
Maximum Maturities
Page 8
11.0
Benchmarks
Page 8
12.0
Investment Advisory Committee
Page 9
13.0
Collateralization
Page 9
14.0
Safekeeping and Custody
Page 9
15.0
Reporting
Page 10
16.0
Internal Controls
Page 10
17.0
Authorized Financial Dealers and Institutions
Page 10
18.0
Continuing Education
Page 11
Attachments
Glossary of Investment Terms
Questionnaire — Financial Dealers
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City of El Segundo
Investment Policy
1.0 Policy
The City of El Segundo Investment Policy (Policy) establishes the cash management and
investment guidelines for the City Treasurer. The City of El Segundo invests public funds
in a prudent manner with the primary objectives of, in priority order, safety of principal,
adequate liquidity and investment return, in conformance with all State of California
Code Sections (53600 and 53635 et seq.) and local statutes governing the investment of
public funds.
State of California Code 53646 (a) (2) does not mandate that investment policies be
updated annually. However, on an annual basis, the City Treasurer will report to the
City Council any material changes to the policy as reviewed and approved by the City's
Investment Advisory Committee (IAC). The IAC will be required to review and approve
the policy annually.
The City Treasurer will prepare a quarterly report to the City council, City Manager and
Director of Finance listing investment transactions made during the reporting period
pursuant to Government Code Section 53607.
State of California Code (53607) still requires that the City Council delegate investment
authority to the City Treasurer on an annual basis.
2.0 Scope
This investment policy applies to all investment activities and financial assets of the City
under management by the City Treasurer. This policy pertains to the City funds which
are pooled for investment purposes and funds held in depository agencies.
It is the City's policy to pool funds for investment purposes to maximize efficiencies,
reduce transaction costs, streamline cash flow forecasting, and provide greater access
to the market.
The pooled funds include;
0 General Fund
• Special Revenue Funds
• Capital Project Funds
• Enterprise Funds
• Trust and Agency Funds
• Debt Service Funds
Assets not under management of the City Treasurer are investments in the City's
defined benefit plans, health savings plans, and pension plans.
3.0 Prudence
State of California Government Code Section 53600.3 states that "...all governing bodies
of local agencies or persons authorized to make investment decisions on behalf of those
local agencies investing in public funds pursuant to this chapter are trustees and
therefore fiduciaries subject to the prudent investor standard. When investing,
reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a
trustee shall act with care, skill, prudence, and diligence under the circumstances then
prevailing, including, but not limited to, the general economic conditions and the
anticipated needs of the agency, that a prudent person acting in a like capacity and
familiarity with those matters would use in the conduct of funds of a like character and
with like aims, to safeguard the principal and maintain the liquidity needs of the agency.
Within the limitations of this section and considering individual investments as part of
an overall strategy, investments may be acquired as authorized by law."
The City Treasurer and persons that the City Treasurer delegates to manage City
investments, shall use the "Prudent Investor" standard. Investment officers acting in
accordance with this Policy, written portfolio guidelines and procedures, and exercising
due diligence shall be relieved of personal responsibility for individual security's credit
risk or market price changes, provided deviations from expectations are reported in the
quarterly investment reports to the City Council, and appropriate action is taken to
control adverse developments.
When investing and managing City funds, the City Treasurer and employees shall act
with care, skill, prudence and diligence to meet the aims of the investment objectives
listed in order in Section 5.0, Investment Objectives.
4.0 Ethics and Conflict of Interest
The City Treasurer, employees involved in the investment process, and the members of
IAC shall refrain from all personal business activity that could conflict with the
management of the investment program. All individuals involved with the investment
of City funds, or review of investment transactions, will be required to file a Form 700 —
Statement of Economic Interests on an annual basis in accordance with California state
law.
5.0 Investment Obiectives
Safety: Safety of principal is the foremost objective of the investment program.
Investments of the City of El Segundo shall be undertaken in a manner that seeks to
ensure the preservation of capital in the overall portfolio. To attain this objective, the
City shall only invest in high quality securities and it shall diversify its investments in
order that potential losses on individual securities do not exceed the income generated
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from the remainder of the portfolio so as not to harm the City's cash flow and principal.
The City shall also structure its portfolio so as to prevent the need to sell securities prior
to maturity and it shall not take short positions, that is, selling securities that the City
does not own.
Two risks are monitored to help ensure safety of the investments. They are credit risk
and market or interest rate risk.
Credit Risk: Credit risk is defined as the risk of loss due to the failure of an issuer
to redeem the outstanding debt at the stated maturity date. Within this
concept, credit risk also applies to the overall market perception of the financial
strength and capacity of the issuer. Diversification of the investment portfolio by
issuer, maturity date and amount invested will ensure that in the event of a
failure of any one issuer, the event will not unduly harm or compromise the
City's cash flow.
Market or Interest Rate Risk: Market or Interest Rate risk is the risk that the
market value of investment securities in the portfolio may decline due to
changes in general interest rates. Market rate risk can be mitigated by
diversifying the investment of funds by maturity date and by investing funds to a
specific cash requirement that would reduce the need to sell the security prior to
maturity to meet immediate City cash flow needs.
Liquidity: The City of El Segundo's investment portfolio will remain sufficiently liquid to
meet all operating requirements that might be reasonably anticipated.
Return on Investments: The City of El Segundo shall manage funds to optimize the
return on investments consistent with the two primary objectives of safety and liquidity.
The rate of return on investment should be designed to attain a market rate of return
through budgetary and economic cycles consistent with the risk limitations, prudent
investment principles and cash flow requirements identified by the City's Investment
Policy.
6.0 Delegation of Authority
Pursuant to State of California Code Section 53607, the City Council hereby authorizes
the City Treasurer to invest and reinvest the City's funds, to sell or exchange securities
so purchased, and to deposit securities for safekeeping in accordance with established
procedures.
No person may engage in an investment transaction except as provided under the terms
of this policy and the procedures established by the City Treasurer. The City Treasurer
may delegate all, or a portion of the investment authority to subordinates pursuant to
State of California Government Code Section 41006. Such delegation by the City
Treasurer shall not remove or abridge the Treasurer's investment responsibility.
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The City Treasurer shall establish written procedures for the operation and management
of the City's investment program consistent with this investment policy, including
appropriate written agreements with financial institutions.
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CITY OF EL SEGUNDO
7.0 -AUTHORIZED INVESTMENTS
Allowable Investment Instruments per State Government Code Applicable to All Local Agencies
As of January 1, 2016
MINIMUM CITY OF EL SEGUNDO
MAXIMUM % OF
INVESTMENT TYPE MAXIMUM MATURITY PORTFOLIO QUALITY REQUIREMENTS IMPOSED RESTRICTIONS*
Local Agency Bonds
5 years
None
"A" Rating
10%
U.S. Treasury Obligations
5 years
None
None
None
State Obligations - CA and Others
5 years
None
None
10%
CA Local Agency Obligations
5 years
None
None
10%
U.S. Agency Obligations
5 years
None
None
None
Bankers' Acceptances
180 days
40%
None
Not Permitted
Commercial Paper - Pooled Funds
270 days
40% of the agency's
"A -1" if the issuer has
10% (no more than 3%
money
issued long -term debt it
per issuer)
must be rated "A"
without regard to
modifiers **
Commercial Paper- Non - Pooled
270 days
25% of the agency's
"A -1" if the issuer has
10% (no more than 3%
Funds
money
issued long -term debt it
per issuer)
must be rated "A"
without regard to
modifiers **
Negotiable Certificates of Deposit
5 years
30% (combined with
None
None
placement service CDs)
Non - negotiable Certificates of
5 years
None
None
None
Deposit
Placement Service Deposits
5 years
30% (inclusive of
None
10%
placement service CDs)
Placement Service Certificates of
5 years
30% (combined with
None
10%
Deposit
negotiable CDs)
Repurchase Agreements
1 year
None
None
Not Permitted
Reverse Repurchase Agreements
92 days
20% of the base value of
None
Not Permitted
and Securities Lending
the portfolio
Agreements
Medium -Term Notes
5 years
30%
"A" Rating "if the issuer
15% (no more than 3%
has issued long -term debt
per issuer)
it must be rated "A"
without regard to
modifiers **
Mutual Funds and Money Market
N/A
20%
Multiple
5%
Mutual Funds
Collateralized Bank Deposits
5 years
None
None
None
Mortgage Pass - Through Securities
5 years
20%
"A" Rating
Not Permitted
County Pooled Investment Funds
N/A
None
None
Not Permitted
Joint Powers Authority Pool
N/A
None
Multiple
Not Permitted
Local Agency Investment Fund
N/A
None
None
None
(LAIF) (Up To Maximum Allowed)
Voluntary Investment Program
N/A
None
None
Not Permitted
Fund
Supranational Obligations
5 years
30%
"A A" Rating
10% and "A A A" Rating
* if less than State Code Maximum % of Portfolio
* Pursuant to Government Code Sections: 16340, 16429.1, 53601, 53601.8, 53635, 53635.2, 53635.8 and 53638
** Issuing corporation must be organized and operating within the U.S. and have assets in excess of $500 million
ff UP
8.0 Investment Pools /Mutual Funds
The City of El Segundo will be required to conduct a thorough investigation of any
government sponsored pool and /or mutual fund prior to investing and on a continual
basis. There shall be a questionnaire completed which will provide the following:
1. A description of eligible investment securities, and a written statement of
investment policy and objectives.
2. A description of interest calculations and how it is distributed, and how gains and
losses are treated.
3. A description of how the securities are safeguarded (including the settlement
process), and how often the securities are priced and the program audited.
4. A description of who may invest in the program, how often, what size deposits and
withdrawals are allowed.
5. A schedule for receiving statements and portfolio listings.
6. A description of how the pool /fund utilizes reserves, retained earnings, etc.
7. A fee schedule, including when and how fees are assessed.
8. The eligibility of the pool /fund to invest in bond proceeds and a description of its
practices.
9.0 Diversification Guidelines
The City of El Segundo will diversify its investments by security type, issuer and maturity
dates. Concentration limits are indicated in the Authorized Investments Section 7.0 for
all investment categories except Treasury securities.
10.0 Maximum Maturities
To the extent possible, the City of El Segundo will attempt to match its investments with
anticipated cash flow requirements. The City will not directly invest in securities
maturing more than five (5) years from the date of purchase pursuant to Government
Code Section 53601.
11.0 Benchmarks
The City of El Segundo Quarterly Investment Report will include benchmark reporting.
The benchmark reporting will be used as a reference tool only to communicate
investment performance against established benchmarks. The use of benchmarks will
not imply that the City Treasurer will assume more risk to the portfolio as safety of
principal and liquidity of funds are the first two primary objectives of the City's portfolio.
The City will use the following benchmark to compare and evaluate portfolio
performance.
Interpolated Yield: The market yield of US Treasury securities as compared to the
portfolio's weighted average maturity (WAM) for the long -term and short -term
investments in the portfolio.
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12.0 Investment Advisory Committee
The City of El Segundo has established an Investment Advisory Committee (IAC) to
provide advice and assistance of persons with experience in the investment field on the
investment of City funds to ensure that City funds are invested in a safe and prudent
manner.
The City of El Segundo Investment Advisory Committee (IAC) was established by City
Council resolution 3764 on June 12, 1992.
The IAC shall have four (4) members appointed by the City Council to serve at their
discretion. The committee members shall be the City Treasurer, the Director of Finance,
one member who shall be a resident of the City of El Segundo and one member who
may be a non - resident of the City. Desirable qualifications of IAC members include, but
are not limited to, work experience or educational background in banking, investments
or finance.
The IAC shall review and make recommendations on City investment policy and
guidelines, list of banking institutions working with the City, list of brokers and dealers
working with the City, and investments in the City portfolio. IAC members shall review
and vote on recommendations of any new type of investment.
The IAC shall meet on a quarterly basis to discuss the City's investments and investment
objectives.
The City Treasurer will prepare a quarterly report to the City council, City Manager and
Director of Finance listing investment transactions made during the reporting period
pursuant to Government Code Section 53607.
13.0 Collateralization
California Government Code, Sections 53652, et seq., requires depository institutions to
post certain types and levels of collateral for public funds above the FDIC insurance
amounts. The collateral requirements apply to bank deposits, both active (checking and
savings accounts) and inactive (non - negotiable time certificates of deposit).
14.0 Safekeeping and Custody
The City of El Segundo shall require that all investment transactions be conducted
through the delivery- versus - payment (DVP) process pursuant to Government Code
Section 53601. Securities shall be held by a third party custodian designated by the City
Treasurer and evidenced by safekeeping receipts pursuant to Government Code Section
53608.
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15.0 Reporting
The City Treasurer will prepare a quarterly report to the City council, City Manager and
Director of Finance listing investment transactions made during the reporting period
pursuant to Government Code Section 53607. At a minimum, the quarterly report must
include type of investment, issuer name, dollar amount of each security, date of
maturity, par value, book value and current market value of securities, rate of interest,
funds managed by contracted parties, percentage of the portfolio in each investment
category, weighted average maturity, statement of ability to meet expenditure
requirements for the next six months, and Treasurer indication of compliance with the
City's Investment Policy.
In addition to the quarterly report, the City Treasurer will prepare a monthly statement
of investments and transactions to the Director of Finance.
16.0 Internal Controls
The City Treasurer shall establish a system of written internal controls, which shall
ensure compliance with this Investment Policy and state law. The controls shall be
designed to prevent loss of public funds due to fraud, employee error, and
misrepresentation by third parties, or imprudent actions of employees. The City
Treasurer shall evaluate any audit reports in a timely manner with the Director of
Finance.
Investment transactions and holdings shall be verified by the Director of Finance on a
monthly basis and reviewed annually by the City's external auditor.
17.0 Authorized Financial Dealers and Institutions
The City Treasurer shall transact business only with banks, savings and loans, state and
federal credit unions, and securities dealers. The Treasurer shall select and maintain a
current list of broker /dealers, as defined by Corporations Code Section 25004,
authorized to provide the City investment services. This list of broker /dealers shall be
included in the Treasurer's quarterly investment report to the City Council. The
broker /dealers shall meet the requirements of Government Code Section 53635.5 and
Securities & Exchange Commission Rule 240.15c3 -1 (uniform net capital rule). The
Treasurer shall keep on file with the City an audited financial statement for each
authorized broker /dealer's last complete fiscal year. Each authorized broker /dealer shall
execute an acknowledgement that it has read the City's current Investment Policy and
that it will abide by the terms and conditions of the Policy. Additionally, each such
broker /dealer shall complete the questionnaire attached hereto. City funds shall only be
placed in and invested with depositories that meet the requirements of Government
Code Sections 53630 et seq.
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18.0 Continuing Education
The City of El Segundo recognizes that employees engaged in investment and
management of public funds should be provided with continuing education on all
aspects of public fund management. At a minimum, the City Treasurer, Deputy
Treasurer I and Deputy Treasurer II, should complete, at a minimum, five hours of
continuing education in investment management on an annual basis through qualified
institutions. Staff engaged in the management and investment process are encouraged
to complete more than the minimum amount of continuing education as required in this
policy. The Treasurer will include in the quarterly investment report the continuing
education hours for the employees listed in this section.
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A
ACTIVE MANAGEMENT STRATEGY
Investment strategy based on a manager or a
team of managers actively managing a fund's
portfolio with the goal of outperforming
benchmarks through analytical research,
forecasts, and their own judgment and
experience.
ACCRETION
The accumulation of value that occurs during
the duration or time between a bond's issuance
and maturity.
ACCRUED INTEREST
Coupon interest accumulated on a bond or note
since the last interest payment or, for a new
issue, from the dated date to the date of
delivery.
AMORTIZATION OF COSTS
Reconciliation of the purchase price of a
security and par value resulting in net interest.
ARBITRAGE
Transactions by which securities are bought and
sold in different markets at the same time for
the sake of the profit arising from a yield
difference in the two markets. The 1986 Tax
Reform Act made this practice by municipalities
illegal solely as a borrowing tactic, except under
certain safe - harbor conditions.
ASSET ALLOCATION
The division of an investment portfolio among
different asset categories, such as stocks,
bonds, and cash.
ASSET- BACKED SECURITIES
Securities that are supported by pools of assets,
such as installment loans or leases, or by pools
of revolving lines of credits. Asset - backed
securities are structured as trusts in order to
perfect a security interest in the underlying
assets.
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Glossary
AVERAGE
An arithmetic mean of selected stocks intended
to represent the behavior of the market or
some component of it.
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BANK DEPOSITS
Deposits in banks or other depository
institutions that may be in the form of demand
accounts (checking) or investments in accounts
that have a fixed term and negotiated rate of
interest.
BANK NOTES
A senior, unsecured, direct obligation of a bank
or U.S. branch of a foreign bank.
BANKERS' ACCEPTANCE
A draft or bill or exchange accepted by a bank
or trust company. The accepting institution, as
well as the issuer, guarantees payments of the
bill.
BASIS POINTS
Refers to the yield on bonds. Each percentage
point of yield in bonds equals 100 basis points
(1/100% or 0.01 %). If a bond yield changes
from 7.25% to 7.39% that is a rate of 14 basis
points.
BENCHMARK
A passive index used to compare the
performance, relative to risk and return, of an
investor's portfolio.
BOND PROCEEDS
The money paid to the issuer by the purchaser
or underwriter of a new issue of municipal
securities. These moneys are used to finance
the project or purpose for which the securities
were issued and to pay certain costs of issuance
as may be provided in the bond contract.
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BONDS
A debt obligation of a firm or public entity. A
bond represents the agreement to repay the
debt in principal and, typically, in interest on
the principal.
BOOK VALUE
The value at which an asset is carried on a
balance sheet.
BROKER
A person or firm that acts as an intermediary by
purchasing and selling securities for others
rather than for its own account.
BUY AND HOLD STRATEGY
A strategy based on holding all securities until
maturity, regardless of fluctuations in the
market.
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CALL OPTION
The terms of the bond contract giving the issuer
the right to redeem or call an outstanding issue
of bonds prior to its stated date of maturity.
CALL RISK
The risk to a bondholder that the bond issuer
will exercise a callable bond feature and
redeem the issue prior to maturity.
CALLABLE SECURITIES
An investment security that contains an option
allowing the issuer to retire the security prior to
its final maturity date.
CASH FLOW
A comparison of cash receipts (revenues) to
required payments (debt service, operating
expenses, etc.).
CERTIFICATE OF DEPOSIT
A short -term, secured deposit in a financial
institution that usually returns principal and
interest to the lender at the end of the loan
period. Certificates of Deposit (CDs) differ in
Glossary
terms of collateralization and marketability.
Those appropriate to public agency investing
include:
Negotiable Certificates of Deposit
Generally, short-term debt instruments that
usually pays interest and is issued by a bank,
savings or federal association, state or federal
credit union, or state - licensed branch of a
foreign bank. The majority of negotiable CDs
mature within six months while the average
maturity is two weeks. Negotiable CDs are
traded in a secondary market and are payable
upon order to the bearer or initial depositor
(investor). Negotiable CDs are insured by FDIC
up to $250,000 but they are not collateralized
beyond that amount.
Non - negotiable Certificates of Deposit
CDs that carry a penalty if redeemed prior to
maturity. A secondary market does exist for
non - negotiable CDs, but redemption includes a
transaction cost that reduces returns to the
investor. Non - negotiable CDs issued by banks
and savings and loans are insured by the
Federal Deposit Insurance Corporation up to
the amount of $250,000, including principal and
interest. Amounts deposited above this
amount may be secured with other forms of
collateral through an agreement between the
investor and the issuer. Collateral may include
other securities including Treasuries or agency
securities such as those issued by the Federal
National Mortgage Association.
CDARS (CERTIFICATE OF DEPOSIT ACOUNT
REGISTRY SYSTEM)
A private CD placement service that allows local
agencies to purchase more than $250,000 in
CDs from a single financial institution (must be a
participating institution of CDARS) while still
maintaining FDIC insurance coverage. CDARS is
currently the only entity providing this service.
CDARS facilitates the trading of deposits
between the California institution and the other
participating institutions in amounts that are
less than $250,000 each, so that FDIC coverage
is maintained.
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CD PLACEMENT SERVICE
A service that allows local agencies to purchase
more than $250,000 in CDs from a single
financial institution while still maintaining FDIC
insurance coverage. See "CDARS ".
COLLATERALIZATION OF DEPOSITS
Process by which a bank or financial institution
pledges securities, or other deposits for the
purpose of securing the repayments of
deposited funds.
COMMERCIAL PAPER
An unsecured short -term promissory note
issued by corporations or municipalities, with
maturities ranging from 2 to 270 days.
CONVEXITY
A measure of the price sensitivity of a fixed
income security to changes in interest rates.
Convexity is influenced by such factors as the
coupon rate, maturity, and any call options that
may or may not exist. Prices rise at increasing
rates as yields fall and prices decline at
decreasing rates as yields rise.
CORPORATE NOTES AND BONDS
Debt instruments, typically unsecured, issued
by corporations, with original maturities in most
cases greater than one year and less than ten
years.
COUNTY POOLED INVESTMENT FUNDS
The aggregate of all funds from public agencies
placed in the custody of the county treasurer or
chief finance officer for investment and
reinvestment.
COUPON
The annual rate of interest that a bond's issuer
promised to pay the bondholder on the bond's
face value; a certificate attached to a bond
evidencing interest due on a payment date.
CREDIT RATINGS
Various alphabetical and numerical
designations used by institutional investors,
Wall Street underwriters, and commercial
Glossary
rating companies to give relative indications of
bond and note creditworthiness. Standard &
Poor's and Fitch Ratings use the same system,
starting with their highest rating, of AAA, AA, A,
BBB, BB, B, CCC, CC, C, and D for default.
Moody's Investor Service uses AAA, AA, A, BAA,
BA, B, CAA, CA, and D. Each of the services uses
pluses ( +), minuses ( -), or numerical modifiers
to indicate steps within each category. The top
four letter categories are considered
investment grade ratings.
CREDIT RISK
The chance that an issuer will be unable to
make scheduled payments of interest and
principal on an outstanding obligation. Another
concern for investors is that the market's
perception of an issue /borrower's credit will
cause the market value of a security to fall,
even if default is not expected.
CUSIP NUMBER
The Committee on Uniform Security
Information Procedures (CUSIP) Number refers
to a security's identification number assigned to
each publicly traded security by the CUSIP
Service Bureau operated by Standard & Poor's
for the American Bankers Association. The
CUSIP Number is a nine - character identifier
unique to the issuer, the specific issue and the
maturity, if applicable (the first six characters
identifying the issuer, the next two identifying
the security and the last digit providing a check
digit to validate the accuracy of the preceding
CUSIP number).
CUSTODIAN
A bank or other financial institution that keeps
custody of stock certificates and other assets.
DEALER
Someone who acts as a principal in all
transactions, including underwriting, buying,
and selling securities, including from his /her
own account.
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DEFAULT RISK
The risk that issuers /borrowers will be unable
to make the required payments on their debt
obligations.
DEFEASED BOND ISSUES
Issues that have sufficient money to retire
outstanding debt when due so that the agency
is released from the contracts and covenants in
the bond document.
DELIVERY VS. PAYMENT (DVP)
The payment of cash for securities as they are
delivered and accepted for settlement.
DERIVATIVE
Securities that are based on, or derived from,
some underlying asset, reference, date, or
index.
DISCOUNT
Discount means the difference between the par
value of a security and the cost of the security,
when the cost is below par. Investors purchase
securities at a discount when return to the
investor (yield) is higher that the stated coupon
(interest rate) on the investment.
DISCOUNT RATE
The interest rate used in discounted cash flow
(DCF) analysis to determine the present value of
future cash flows. The discount rate in DCF
analysis takes into account not just the time
value of money, but also the risk or uncertainty
of future cash flows; the greater the uncertainty
of future cash flows, the higher the discount
rate.
DIVERSIFICATION
The allocation of different types of assets in a
portfolio to mitigate risks and improve overall
portfolio performance.
DURATION
A measure of the timing of the cash flows to be
received from a security that provides the
foundation for a measure of the interest rate
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Glossary
sensitivity of a bond. Duration is a volatility
measure and represents the percentage change
in price divided by the percentage change in
interest rates. A high duration measure
indicates that for a given level of movement in
interest rates, prices of securities will vary
considerably.
EFFECTIVE DURATION
Duration measures the weighted average of the
present value of the cash flows of a fixed -
income investment. Effective duration
measures the price sensitivity of fixed - income
investments, especially for those with
imbedded option features such as call options.
As yields rise, the effective duration of a callable
investment rises to reflect the fact that it has
become less likely to be called. The more rates
rise, the longer the effective duration will
become, approaching the duration to maturity.
The converse is true in a declining interest rate
environment (that is, the more rates fall, the
shorter the effective duration will become,
approaching the duration to call). For securities
without an embedded option, the duration to
call, maturity, and effective duration are all the
same. The calculation for effective duration is
complicated and involves averaging the
duration under a simulation of many possible
interest rate scenarios in the future.
EVENT RISK
The risk associated with a changing portfolio
value due to a market event causing swings in
market prices and /or spreads.
EXTENDABLE NOTES
Securities with maturity dates that can be
extended be mutual agreement between the
issuer and investor. When investing in these
types of securities, the maturity date plus the
stated extendable option must not exceed the
time frames that are allowed in California
Government Code or the investment policy for
the investment type.
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FIDUCIARY
An individual who holds something in trust for
another and bears liability for its safekeeping.
FIRST TIER SECURITIES
Securities that have received short -term debt
ratings in the highest category from the
requisite nationally recognized statistical- rating
organization (NRSROs), or are comparable
unrated securities, or are issued by money
market funds, or government securities. [See
SEC Rules: Paragraph (A)(12) of rule 2A -7.]
FLOATING RATE SECURITY
A security that has a variable or "floating"
interest rate.
C
GOVERNMENT ACCOUNTING STANDARDS
BOARD (GASB)
A Standard - setting body, associated with the
Financial Accounting Foundation, which
prescribes standard accounting practices for
governmental units.
GOVERNMENT SPONSORED ENTERPRISES (GSE)
Privately held corporations with public purposes
created by the U.S. Congress to reduce the cost
of capital for certain borrowing sectors of the
economy. Securities issued by GSEs carry the
implicit backing of the U.S. Government, but
they are not direct obligations of the U.S.
Government. For this reason, these securities
will offer a yield premium over Treasuries.
GUARANTEED INVESTMENT CONTRACT (GIC)
An agreement acknowledging receipt of funds
for deposit, specifying terms for withdrawal,
and guaranteeing a rate of interest to be paid.
Glossary
INDEX
An index is an indicator that is published on a
periodic basis that shows the estimated price
and /or yield levels for various groups of
securities.
INTEREST
The amount a borrower pays to a lender for the
use of his or her money.
INTEREST RATE RISK
Interest rate risk is the risk that an investment's
value will change due to a change in the
absolute level of interest rates, spread between
two rates, shape of the yield curve, or any other
interest rate relationship.
INVESTMENT AGREEMENTS
Investment agreements are contracts with
respect to funds deposited by an investor.
Investment agreements are often separated
into those offered by banks and those offered
by insurance companies. In the former case,
they are sometimes referred to as "bank
investment contracts."
INVESTMENT OVERSIGHT COMMITTEE
A committee of three to eleven members
formed under Section 27131 to monitor and
review a country's investment policy by causing
an annual audit and discussing its finding at an
open meeting. Although cities and other local
agencies are not required to compose an
investment oversight committee, the State
Legislature has declared that all local agencies
"should participate in reviewing the policies
that guide the investment of those funds."
L
LIBOR
Acronym for "London Interbank Offered Rate,"
which represents the average rate at which a
leading bank can obtain unsecured funding in
the London interbank market. LIBOR serves as
197
a benchmark for various interest rates.
Obligations of parties to such transactions are
typically expressed as a spread to LIBOR.
LIQUIDITY
The measure of the ability to convert an
instrument to cash on a given date at full face
or par value.
LIQUIDITY RISK
The risk that a security, sold prior to maturity,
will be sold at a loss of value. For a local
agency, the liquidity risk of an individual
investment may not be as critical as how the
overall liquidity of the portfolio allows the
agency to meet its cash needs.
LOCAL AGENCY INVESTMENT FUND
A voluntary investment fund open to
government entities and certain non - profit
organizations in California that is managed by
the State Treasurer's Office.
LOCAL GOVERNMENT INVESTMENT POOL (LGIP)
Investment pools that range from the State
Treasurer's Office Local Agency Investment
Fund (LAIF) to county pools, to Joint Powers
Authorities (JPAs). These funds are not subject
to the same SEC rules applicable to money
market mutual funds.
M
MARKET RISK
The chance that the value of a security will
decline as interest rates rise. In general, as
interest rates fall, prices of fixed income
securities rise. Similarly, as interest rates rise,
prices fall. Market risk also is referred to as
systematic risk or risk that affects all securities
within an asset class similarly.
MARKET VALUE
The price at which a security is trading and
presumably could be purchased or sold at a
particular point in time.
11
Glossary
MATURITY
The date on which the principal or stated value
of an investment becomes due and payable.
MEDIUM -TERM NOTE
Corporate or depository institution debt
securities meeting certain minimum quality
standards (as specified in the California
Government Code) with a remaining maturity of
five years or less.
MONEY MARKET MUTUAL FUNDS
MMF's are mutual funds that invest exclusively
in short -term money market instruments.
MMF's seek the preservation of capital as a
primary goal while maintaining a high degree of
liquidity and providing income representative of
the market for short term investments.
MORTGAGE BACKED SECURITIES
Mortgage- backed securities (MBS) are created
when a mortgagee or a purchaser of residential
real estate mortgages creates a pool of
mortgages and markets undivided interest or
participations in the pool. MBS owners receive
a prorate share of the interest and principal
cash flows (net of fees) that are "passed
through" from the pool of mortgages. MBS are
complex securities whose cash flow is
determined by the characteristics of the
mortgages that are pooled together. Investors
in MBS face prepayment risk associated with
the option of the underlying mortgages to pre-
pay or payoff their mortgage. Most MBS are
issued and /or guaranteed by federal agencies
and instrumentalities (e.g., Government
National Mortgage Association (GNMA), Federal
National Mortgage Association (FNMA), and
Federal Home Loan Mortgage Corporation
(FHLMC)).
MORTGAGE PASS - THROUGH OBLIGATIONS
Securities that are created when residential
mortgages (or other mortgages) are pooled
together and undivided interests or
participations in the stream of revenues
associated with the mortgages are sold.
.-
MUNICIPAL ADVISOR RULE (MA RULE)
A regulation of non - dealer "municipal advisors"
such as financial advisors, swap advisors, GIC
brokers, etc. In addition, the rule pertains to
banks and broker dealers acting as municipal
advisors. Municipal advisors have a fiduciary
responsibility to the government agency
receiving their services and they must register
with the Securities Exchange Commission (SEC).
Municipal finance professionals that do not
have a fiduciary duty to issuers cannot provide
advice to governments unless certain
exemptions are met. The SEC has published a
list of frequently asked questions:
www. sec. govl in(oltounicipollxriun- advisors-
o s. pd .
MUNICIPAL NOTES, BONDS, AND OTHER
OBLIGATIONS
Obligations issued by state and local
governments to finance capital and operating
expenses.
MUTUAL FUNDS
An investment company that pools money and
can invest in a variety of securities, including
fixed - income securities and money market
instruments.
I
NEW ISSUE
Securities sold during the initial distribution of
an issue in a primary offering by the
underwriter or underwriting syndicate.
NET ASSET VALUE
Net asset value (NAV) is a term used in the
mutual fund industry to determine the average
price per share of a pool or mutual fund. How
this measure varies over time provides
information on whether the pool is stable or
variable. NAV is the market value of all
securities in a mutual fund, less the value of the
fund's liabilities, divided by the number of
shares in the fund outstanding. Shares of
Glossary
mutual funds are purchased at the funds
offered NAV.
NET PRESENT VALUE
An amount that equates future cash flows with
their value in present terms.
NOTE
A written promise to pay a specified amount to
a certain entity on demand or on a specified
date. Usually bearing a short -term maturity of a
year or less (though longer maturities are issued
—see "Medium -Term Note ").
Z
OPTIONS
An option is a contract that gives the buyer the
right to buy or sell an obligation at a specified
price for a specified time. Exchange Traded
Options are standardized option contracts that
are actively traded on the Chicago Board of
Exchange on a daily basis whereas Over -the-
Counter Options are traded directly between
the buyer and seller at agreed upon prices and
conditions (the former type of option is
therefore more liquid than the latter).
Q
PAR AMOUNT OR PAR VALUE
The principal amount of a note or bond which
must be paid at maturity. Par, also referred to
as the "face amount" of a security, is the
principal value stated on the face of the
security. A par bond is one sold at a price of
100 percent of its principal amount.
PLACEMENT SERVICE DEPOSIT
Deposits at depository institutions placed by a
private sector placement service entity.
PLACEMENT SERVICE CERTIFICATES OF DEPOSIT
Certificates of deposit placed with a private
sector entity that assists in the placement of
certificates of deposit with eligible financial
institutions located in the United States.
WE
PORTFOLIO
Combined holding of more than one stock,
bond, commodity, real estate investment, cash
equivalent, or other asset. The purpose of a
portfolio is to reduce risk by diversification.
PREMIUM
Premium means the difference between the par
value of a security and the cost of the security,
when the cost is above par. Investors pay a
premium to purchase a security when the
return to the investor (yield) is lower than the
stated coupon (interest rate) on the
investment.
PRICE
Price is the amount of monetary consideration
required by a willing seller and a willing buyer
to sell an investment on a particular date.
PRINCIPAL
The face value or par value of a debt
instrument, or the amount of capital invested in
a given security.
PROSPECTUS
A disclosure document that must be provided
to any prospective purchaser of a new securities
offering registered with the SEC that typically
includes information on the issuer, the issuer's
business, the proposed use of proceeds, the
experience of the issuer's management, and
certain certified financial statements (also
known as an "official statement ").
PRUDENT INVESTOR STANDARD
A standard of conduct where a person acts with
care, skill, prudence, and diligence when
investing, reinvesting, purchasing, acquiring,
exchanging, selling, and managing funds. The
test of whether the standard is being met is if a
prudent person acting in such a situation would
engage in similar conduct to ensure that
investments safeguard principal and maintain
liquidity.
R
REINVESTMENT RISK
Glossary
The risk that interest rates may be lower that
the yield on a fixed income security when the
investor seeks to reinvest interest income or
repaid principal from the security.
REPURCHASE AGREEMENTS
An agreement of one party (for example, a
financial institution) to sell securities to a
second party (such as a local agency) and
simultaneous agreement by the first party to
repurchase the securities at a specified price
from the second party on demand or at a
specified date.
REVERSE REPURCHASE AGREEMENTS
An agreement of one party (for example, a
financial institution) to purchase securities at a
specified price from a second party (such as a
public agency) and a simultaneous agreement
by the first party to resell the securities at a
specified price to the second party on demand
or at a specified date.
RISK
The uncertainty of maintaining the principal or
interest associated with an investment due to a
variety of factors.
RULE G -37 OF THE MUNICIPAL SECURITIES
RULEMAKING BOARD
Federal regulations to sever any connection
between the making of political contributions
and the awarding of municipal securities
business.
SAFEKEEPING SERVICE
Offers storage and protection of assets
provided by an institution serving as an agent.
SAFETY
In the context of investing public funds, safety
relates to preserving the principal of an
We
investment in an investment portfolio; local
agencies address the concerns of safety by
controlling exposure to risks.
SECURITIES AND EXCHANGE COMMISSION (SEC)
The federal agency responsible for supervising
and regulating the securities industry.
SECURITIES LENDING AGREEMENT
An agreement of one party (for example, a local
agency) to borrow securities at a specified price
from a second party (for example, another local
agency) with a simultaneous agreement by the
first party to return the security at a specified
price to the second party on demand or at a
specified date. These agreements generally are
collateralized and involve a third party
custodian to hold the securities and collateral.
Economically similar to reverse repurchase
agreement.
SUPRANATIONAL INSTITUTIONS
International institutions formed by two or
more governments that transcend boundaries
to pursue mutually beneficial economic or
social goals. There are three supranational
institutions that issue obligations that are
eligible investments for California local
agencies: the international Bank for
Reconstruction and Development (IBRD),
International Finance Corporation (IFC), and
Inter - American Development Bank (IADB).
T
TAX AND REVENUE ANTICIPATION NOTES
(TRANS)
Notes issued in anticipation of receiving tax
proceeds or other revenues at a future date
TOTALRETURN
Total return includes interest, realized gains and
losses, and unrealized gains and losses over a
given period of time.
TRUSTEE, TRUST COMPANY OR TRUST
DEPARTMENT OF A BANK
0
Glossary
A financial institution with powers to act in a
fiduciary capacity for the benefit of the
bondholders in enforcing the terms of the bond
contract.
U
UNDERWRITER
A dealer that purchases a new issue of
municipal securities for resale
U.S. TREASURY OBLIGATIONS
Debt obligations of the U.S. Government sold by
the Treasury Department in the forms of bills,
notes, and bonds. Bills are short -term
obligations that mature in one year or less and
are sold at a discount. Notes are obligations
that mature between one year and ten years.
Bonds are long -term obligations that generally
mature in ten years or more.
W
WEIGHTED AVERAGE MATURITY (WAM)
The average maturity of all securities that
comprise a portfolio, typically expressed in days
or years.
Y
YIELD
The current rate of return on an investment
security generally expressed as a percentage of
the securities current price.
YIELD CURVE
A graphic representation that shows the
relationship at a given point in time between
yields and maturity for bonds that are identical
in every way except maturity.
YIELD -TO -CALL
The rate of return to the investor earned from
payments of principal and interest, with interest
compounded semi - annually at the stated yield
when the security is redeemed on a specified
201
call date. In addition, if the security is
redeemed at a premium call price, the amount
of the premium is also reflected in the yield.
YIELD TO MATURITY
The rate of return on the investor earned from
payments of principal and interest, with interest
compounded semi - annually at the stated yield
as long as the security remains outstanding until
the maturity date.
YIELD -TO -WORST
For a given dollar price on a municipal security,
the lowest of the yield calculated to the pricing
call, par option or maturity.
N
ZERO- COUPON BOND
A bond on which interest is not payable until
maturity (or earlier redemption), but
compounds periodically to accumulate to a
stated maturity amount. Zero - interest bonds
are typically issued at a discount and repaid at
par upon maturity.
10
Glossary
202
City of El Segundo
Investment Broker /Dealer Questionnaire
April, 2015
The City's Investment Policy requires qualified bidders for investment transactions with the
Agency to complete and sign a Broker /Dealer Questionnaire.
SECTION I: STATEMENT OF POSITION AND GENERAL REQUIREMENTS
The City of El Segundo (hereinafter referred to as the "City ") is located in and operates under the laws of
the State of California. The City manages an investment portfolio which at March 31, 2015 totaled $77.5
million. The portfolio is mainly comprised of Agency obligations, U.S Treasuries, Negotiable CD's and
deposits in the State of California Local Agency Investment Fund.
The City has adopted a written Investment Policy, which regulates the standards and procedures used in
its cash management activities. A copy of the City's Investment Policy is provided with this document.
Each broker /dealer must certify that they have read the Policy and will incorporate due diligence in
conforming to the provisions of the City's Investment Policy, as well as all applicable state and Federal
regulations as they apply to the investment activities of California municipalities.
The City maintains relationships with qualified members of the broker /dealer community who, in their
opinion, "understand the needs, constraints and goals of the City."
Broker /dealers will be notified of their approval by the City in writing. No transactions will be conducted
with an approved broker /dealer until all paperwork required by both parties has been executed. The City
solicits competitive bids and offers on the majority of its transactions. All securities will be delivered
against payment to the third -party custodian named by the City.
City personnel will review and substantiate all information and references requested in the document;
therefore, please answer all questions as thoroughly as possible.
SECTION II - PART 1: REQUEST FOR GENERAL INFORMATION FROM
BROKER/DEALER CANDIDATE
1. Name of firm: Firm CRD:
Address (local):
Address (main):
Telephone (local): (
Telephone (main): (
Are you a Broker or a Dealer.
City of E1 Segundo
Page 116
203
2. Contact personnel (Please provide an attachment if more space is required)
Name: Name:
(main contact)
Title:
Telephone:
Email:
Broker CRD:
Title:
Telephone:
Email:
Broker CRD:
Provide background information concerning the account representatives listed above. Please include
information on the individual's employment history as it relates to the securities industry, official licenses
and certificates.
Provide proof of registration with NASD ❑ attached ❑ na
Provide proof of registration with State of California ❑ attached ❑ na
Provide proof of Financial Industry Regulatory Authority (FINRA) ❑ attached ❑ na
Provide documentation that your firm is qualified under SEC rule 150-1 (Uniform Net Capital Rule)
❑ attached ❑ na
Is your firm examined by and subject to rules and regulations of:
FDIC
❑ Yes
❑ No
SEC
❑ Yes
❑ No
NYSE
❑ Yes
❑ No
Comptroller of Currency
❑ Yes
❑ No
Federal Reserve System
❑ Yes
❑ No
3, Has /Have the Agency's representative(s) listed in No. 2 above been disciplined or under
investigation for regulatory violations a regulatory agency?
Yes or no
If yes, please
4. Please provide a list of the following information regarding at least three of your (public
sector /governmental entity) clients in California who are most comparable to the City of El
Segundo, with whom the City's representative(s) listed in No. 2 above has /have an established
relationship.
Client name, Contact, Address, Email, Length of relationship, Telephone number.
City of E1 Segundo
Page 216
204
5. (a) Has your firm consistently complied with the Security Exchange Commission's or the
Federal Reserve Bank's capital adequacy guidelines? ( ) Yes ( ) No
(b) As of this date, does your firm comply with the guidelines? ( ) Yes ( ) No
(c) Has your capital position ever fallen short? ( ) Yes ( ) No
(d) By what factor (1.5x, 2x, etc.) does your firm presently exceed the capital adequacy
guidelines?
(e) Include certified documentation of your capital adequacy as measured by the Federal Reserve
standards.
If no, please explain why.
6. Place an "x" by each instrument set forth below in which you make an active market (both buy
and sell).
T -Bills T- Notes /Bonds BAs _ Commercial Paper Bank CDs
S & L CDs GNMAs FHLMCs ` Medium Term Notes Corporates
High Grade Municipal Securities Mutual Funds Supras Other
Please specify other Federal Agencies:
Instrumentalities:
7. Does your firm specialize in any of the instruments listed above? If so, please specify which
ones.
8. Is the firm a primarily dealer in U.S. Government Securities? Yes/No,
If so, for how long has your firm been a primary dealer?
What is your firm's total volume in U.S. Government and Agency Securities last year?
Firm -wide $
Local Office
Number of Transactions:
Number of Transactions:
9. Do you (and your clearing firm) participate in the SIPC Insurance Program or any other insurance
programs that will cover a municipality which invests in the investments listed in question 8
using D.V.P. settlement? If yes, please explain coverage. ( ) Yes ( ) No
City of E1 Segundo Page 316
205
10. What portfolio information do you require from your clients?
11
12
What sort of technical market perspective do you propose to bring to a relationship with the City?
What training would you provide to our employees and investment officers?
What reports, transactions, confirmations and paper trail will we receive?
Describe the precautions taken by your firm to protect the interests of the public when dealing
with public- sector clients.
Describe the capital line and trading limits that support/limit the office that would conduct
business with our City.
13. If you are not a bank, please provide the following information regarding your principal banking
relationship.
Bank name:
Address:
Person to contact:
Length of relationship:
City of El Segundo
Telephone:
Page 416
206
SECTION II - PART II: REQUEST FOR BROKER/DEALER DISCLOSURE
14. To the best of your knowledge, has there been any "material" litigation, arbitration or regulatory
proceedings, either pending, adjudicated or settled, that your firm or any of your employees have
been subject to within the last five years that involved issues concerning the suitability of the sale
or purchase of securities to institutional clients or fraudulent or unfair practices related to the sale
of securities to an institutional client?
If so, please describe each such matter briefly. For purposes of this section, proceedings are
"material" if your independent accountant applying generally accepted accounting principles
determines that such proceedings required disclosure on your financial statements.
Any "material" proceedings? Yes or no
If yes, provide attachment with explanation.
15. Please provide certified audited financial statements for the last three years. In addition, for those
dealers preparing and submitting financial statements to the following organizations, please
provide publicly available financial documents filed with these agencies for the previous two
years: National Association of Securities Dealers, Securities and Exchange Commission, New
York Stock Exchange and Federal Deposit Insurance Corporation.
16. Have any of your public- sector clients ever sustained a loss on a securities transaction arising from
a misunderstanding or misrepresentation of the risk characteristics of the instrument?
Yes/No
If so, please
17. Has any public- sector client ever claimed in writing that your firm was responsible for investment
losses? If yes, please explain.
City of El Segundo
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207
SECTION III: CERTIFICATION
I hereby certify that the preceding is true and correct to the best of my knowledge and that I am
authorized to execute this request for information on behalf of the broker /dealer firm.
The firm has in place reasonable procedures and a system of controls designed to preclude
imprudent investment activities arising out of transactions conducted between the firm and the
City of El Segundo.
All individuals assigned to the City's account have read the City's most current Investment Policy,
understand the objectives and constraints set forth by the policy, agree to disclose potential
conflicts or risks to public funds that might arise out of business transactions between the firm
and the City, and will incorporate due diligence in conforming to the provisions of the policy as
well as all applicable state and federal regulations as they apply to the investment activities of
California municipalities.
The firm shall be provided an annual Statement of Investment Policy for the City of El Segundo
and shall be informed of any changes to the policy. The undersigned certify that no securities
will be sold to the City, which are in violation of State code or City policy; however, the City
shall be responsible for ensuring compliance with percentage limits established by State code and
City policy.
We confirm that we are familiar with California Government Code Sections 53600 through
53684 pertaining to the State's requirements governing investments by local agencies.
Name of firm
Name of broker
(assigned to City account)
Title
Signature
Date
Name of principal Signature
or manager
Title Date
City of E1 Segundo
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