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2017 May 16 - CC PACKETAGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. Any writings or documents given to a majority of the City Council regarding any matter on this agenda that the City received after issuing the agenda packet are available for public inspection in the City Clerk's office during normal business hours. Such Documents may also be posted on the City's website at www.elsegundo.org and additional copies will be available at the City Council meeting. Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is within the jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portions of the Meeting. Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5) minutes per person. Before speaking to the City Council, please come to the podium and state: Your name and residence and the organization you represent, if desired. Please respect the time limits. Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior Tuesday). The request must include a brief general description of the business to be transacted or discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MAY 16, 2017 — 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): -0- matters CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(d)(2): -1- matters. Initiation of litigation pursuant to Government Code §54956.9 (d)(4): -1- matters. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -0- matters 1. Public Employee Performance Evaluation Title: City Manager 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): -4- matters 2 E 1. Employee Organizations: Police Management Association; Supervisory, Professional Employees Association; City Employee Association and Executive Group. Agency Designated Representative: Steve Filarsky and City Manager, Greg Carpenter CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matters 3 3 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, MAY 16, 2017 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Pastor Lee Carlile, United Methodist Church PLEDGE OF ALLEGIANCE — Council Member Dr. Don Brann CI M PRESENTATIONS a) Proclamation — May 21 -27, 2017 as National Public Works Week b) Proclamation — Saturday, May 20, 2017 as Super CPR Saturday c) Presentation — Chevron El Segundo Refinery's New Safety Program d) Presentation - LADWP Scattergood Unit 3 Decommissioning Project Briefing e) Presentation — Treasury Department — March 2017 Investment Portfolio Report, 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 Agenda by title only. _ Recommendation — Approval. read all ordinances and resolutions on the B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING) 5 6i 1. Consideration and possible action regarding adoption of Addendum No. 1 to an approved Mitigated Negative Declaration and approval of Environmental Assessment No. EA -1184 and Specific Plan Amendment No. SPA 17 -01 to amend the Downtown Specific Plan as follows: 1) Remove the requirement that upper -floor residential occupants must also be commercial tenants or owners of the business below; 2) Establish a new parking requirement for new residential units; and 3) Miscellaneous cleanup. Applicant: Bill Ruane fiscal Impact: None) Recommendation — 1) Conduct a public hearing; 2) Take testimony and other evidence as presented; 3) Introduce and waive first reading of an Ordinance (Specific Plan Amendment No. SPA 17 -01) amending the Downtown Specific Plan regarding residential uses; 4) Schedule second reading and adoption of the Ordinance on June 6, 2017; 5) Alternatively, discuss and take other possible action related to this item. C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. 2. Warrant Numbers 3016311 through 3016460 on Register No. 15 in the total amount of $515,185.20 and Wire Transfers from 4/24/17 through 5/7/17 in the total amount of $1,369,673.10. 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. 3. Regular Meeting Minutes of May 2, May 9, 2017. Recommendation — Approval 0 2017 and Special Meeting Minutes of C: 4. Consideration and possible action to approve Final Vesting Map No. 71582, a residential subdivision comprised of 34 multi - family dwelling units and 24 single - family dwelling units, and private streets, located at 540 East Imperial Avenue. (Fiscal Impact: N/A Recommendation — 1) Adopt the proposed Resolution, approving Final Vesting Map No. 71582, subject to the conditions in Exhibit A; 2) Authorize the appropriate City Official(s) to sign and record said Map; 3) Alternatively, discuss and take other possible action related to this item. 5. Consideration and possible action authorizing the Fire Department to purchase a new 2017 Chevy Suburban All Wheel Drive Command Vehicle. (Fiscal Impact: $77,634.33) 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 Los Angeles County ISD Request for Bid Number: RFB -IS- 17201166 -1, for the purchase of a new command vehicle; 2) Authorize the City Manager to execute an agreement, in a form approved by the City Attorney, to purchase one 2017 Chevy Suburban AWD SUV command vehicle with available equipment replacement funds; 3) Alternatively, discuss and take other possible action related to this item. 6. Consideration and possible action regarding a two -year renewal of the cost sharing agreement in a form approved by the City Attorney with the City of Redondo Beach for operation of Beach Cities Transit (BCT) Line 109 for FY17/18 and FY18/19 and a one -time contribution towards a Real -Time Information System, in conjunction with the cities of Hermosa Beach, Redondo Beach, and Manhattan Beach. (Fiscal Impact: $43,417 for FY17/18 and not to exceed $25,689 for FY18/19 Proposition C funds) Recommendation — 1) Approve the two -year renewal of the cost sharing agreement with BCT for operation of Transit Line 109 and a one -time contribution towards the Real -Time Information System; 2) Authorize the Mayor to execute Transit Service Operation Agreement in a form approved by the City Attorney; 3) Alternatively, discuss and take other action related to this item. 7. Consideration and possible action regarding 1) Approval of the Examination Plan for the Personnel Merit System job classification of Plan Check Engineer. (Fiscal Impact: None) Recommendation — 1) Approve the Examination Plans for Plan Check Engineer; 2) Alternatively, discuss and take other action related to this item. III 7 F. NEW BUSINESS 8. Consideration and possible action to oppose SB649 ( Hueso) Wireless Telecommunication Facilities & Proposed Amendments to Install Small Cells by Right. (Fiscal Impact: None) Recommendation — 1) Direct staff to prepare an opposition letter to be signed by the Mayor and sent to State Senator Ben Hueso (sponsor), with copies sent to local representatives State Senator Ben Allen and State Assembly Member Autumn Burke; 2) Alternatively, discuss and take other possible action related to this item. 9. Consideration and possible action regarding FY 2016 -2017 Midyear Financial Review. (Fiscal Impact: Increase of $769,003 to the General Fund Expenditures and a decrease of $229,242 to the General Fund Revenues for a net reduction of $998,245 to the General Fund undesignated reserve balance; an increase of $847,830 to other funds' expenditures; and an increase of $1,062,709 to other funds' revenues Recommendation - 1) Receive and File FY 2016 -17 2nd Quarter Financial Review; 2) Approve the appropriation requests itemized in Attachment A; 3) Alternatively discuss and take other action related to this item. 10. Consideration and possible action to receive an informational report on the Strategic Work Plan quarterly update and the Key Performance Indicators (KPIs) for the month of April 2017. (Fiscal Impact: none)__ _ Recommendation — 1) Receive and file an informational report on the Strategic Work Plan quarterly update; 2) Receive and file an informational report on April KPIs; 3) Alternatively, discuss and take other possible action related to this item. G. REPORTS — CITY MANAGER H. REPORTS — CITY ATTORNEY I. REPORTS — CITY CLERK J. REPORTS — CITY TREASURER FZ K. REPORTS — CITY COUNCIL MEMBERS Council Member Brann — Council Member Pirsztuk — Council Member Dugan — Mayor Pro Tern Boyles — Mayor Fuentes — PUBLIC COMMUNICATIONS — (Related to City Business Oniy — 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 see.) 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: TIME: . . �S Qom NAME: 01�� 9 rortamatt"On Citp of (9I *egunbo, California WHEREAS, Public works services are central to the health, safety, and general well -being of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and facilities such as streets and highways, water utilities, sewers, storm drains, public buildings, and solid waste collection; and WHEREAS, the quality and effectiveness of these systems and facilities, as well as their planning, design, construction and maintenance, are vitally dependent upon the efforts and skill of dedicated public works professionals; and WHEREAS, the efficiency of said professionals who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform; NOW, THEREFORE, the Mayor and Members of the City Council do hereby proclaim the week of May 21 -27, 2017 as "National Public Works Week" in the City of El Segundo and call upon the citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions that public works officials make every day to our health, safety, comfort, and quality of life. lull -aols 914ayorSuzanne Euentes 9dayor Pro Tem Drew Boyfes CounciCW ember W icfiae(1Dugan Councd9demberCaro(Pirsztuk Counci(Wember Dr. lemon 10 rorlamatt'011 Citp of Cl *eguubo, California WHEREAS, Over 70 percent of Americans may feel helpless to act during a cardiac emergency because they either do not know how to administer CPR or their training has significantly lapsed. WHEREAS, More than 350,000 people suffered from cardiac arrest in the United State last year. WHEREAS, Citizen CPR was performed on 46.1 percent of the people who suffered a cardiac arrest, and the overall survivor rate was 12 percent. WHEREAS, Seventy percent of out -of- hospital cardiac arrests occur in the home. WHEREAS, It has been proven that early access to the Emergency Medical System, Early CPR and use of an AED contribute to the survivability of a person who has suffered a cardiac arrest. WHEREAS, The El Segundo Fire Department and the American Red Cross have historically provided exemplary emergency medical care and training, and continue this tradition with Super CPR Saturday. WHEREAS, El Segundo High School provides a critical element for Super CPR Saturday by allowing use of the school's facilities that accommodates the training of approximately 300 people. WHEREAS, Super CPR Saturday receives generous financial and in -kind support from our corporate sponsors (Chevron, NRG, Teledyne Controls, Continental Development Corporation, Embassy Suites, Raytheon, Rinaldi's, McDonald's, Doubletree Hotel and Clockwork Enterprises) that enables this valuable community event to be held. NOW, THEREFORE, the Mayor and the Members of the City Council of the City of El Segundo, California, hereby proclaim Saturday, May 20, 2017, as SUMER SATURDAY, and encourage participation in CPR training. SEGUNaa1 9V ayor Suzanne Fuentes 9d ayor Pro 7em Drew Boyles Council W ember W ichael tgan Council9V ember Carol (P'irsztuk Council J 4ember (Dr. lemon Brann, Presentation Chevron El Segundo Refinery's New Safety Program 12 Presentation LADWP Scattergood Unit 3 Decommissioning Project Briefing 13 EL SEGUNDO CITY COUNCIL AGENDA STATEMENT AGENDA DESCRIPTION: Presentation of Investment Portfolio Report (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: MEETING DATE: May 16, 2017 AGENDA HEADING: Presentation 1. Receive and File 2. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: Investment Portfolio Report — March, 2017 FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A STRATEGIC PLAN: Goal: 5 Champion Economic Development & Fiscal Sustainability Objective: 3 The City will maintain a stable, efficient, and transparent financial environment ORIGINATED BY: Dino Marsocci, Deputy City Treasurer II REVIEWED BY: Crista Binder, Treasurer APPROVED BY: Greg Carpenter, City Manager°z BACKGROUND AND DISCUSSION: The Treasury Department presents the March, 2017 Investment Portfolio Report which provides a status of Treasury Investment activities and related economic indicators. This report will be created and submitted to Council on a quarterly basis. The report will also be posted to the City's web site under the Treasury Department. 14 i E Date: May 16, 2017 From: Office of the City Treasurer To: El Segundo City Council RE: Investment Portfolio Report —As of March 31, 2017 This report will serve as a summary for the City of El Segundo's Treasury Department investment reporting, compliance, investment environment and future plans; as well as subsidiary schedules which will support the Portfolio Summary and provide additional analysis of our investments. Investment Surnmary: The investments as of March 31, 2017 are as follows: Page 1 1 15 March Portfolio Summary Market Security Type Cost Market value % of Total Government 23,480,461.50 23,369,951.20 28.19% Corp. Bonds 3,527,200.00 3,486,695.00 4.21% CD's 9,352,938.75 9,361,532.80 11.29% Union Bank Trust 36,360,600.25 36,218,179.00 43.68% Plaza Bank CBD 5,000,000.00 5,000,000.00 6.03% LAIF Immediate 20,750,717.95 20,750,717.95 25.03% LAIF Sr. Housing 1,095,221.77 1,095,221.77 1.32% LAIF - LAWA 10,627,444.05 10,627,444.05 12.82% LAIF Subtotal 32,473,383.77 32,473,383.77 39.17% Total Invested 73,833,984.02 73,691,562.77 88.88% Trust Acct. Cash - - 0.00% Chase Bank - Cash 9,216,062.00 9,216,062.00 11.12% Total Portfolio 83,050,046.02 82,907,624.77 100.00% Page 1 1 15 The portfolio Breakdown by Short Term (< 1 year) and Long Term is: _ Short Term Long Term Total Portfolio Value Market $ 48,474,050 $ 25,217,513 $ 73,691,563 Effective Yield 0.851% 1.548% 1.089% Average Wtd. Maturity 45 Days 2.83 Years 1.05 Years Benchmark Yield 0.76% 1.50% 1.03% * Benchmark value is the Interpolated Treasury Yield to the Portfolio's Avg. Weighted Maturity The interest income received during the period was: Month Invested Cost Received I %Yield January 68,088,984 -interest 662996.77 ¢ 1.18% 52,599.14 0.85% February 74,333,984 March 73,833,984 36,912.01 0.60% Avg /Total * 72,085,651 156,507.92 0.87% ' Note: the monthly fluctuation is because interest on most bonds is paid semi - annually, with LAIF paid quarterly, and some investments paid monthly. Compliance: It is the intention of the City Treasurer's office to ensure that our investments are in compliance with the maturity time limits and percentage allocation limits with all of our investments. The City is currently in compliance as demonstrated below: Partial List of Allowable Investment Instruments for Local Agencies Issuer Ma>dmum Ma>dmum Minimum Quality City of El In Investment Type Maturity Specified % of Requirements Segundo Compliance 4.21% Y Portfolio Medium Term Notes Investments Y/N Local Agency 0.59% Y 487,165 Medium Term Notes Bonds 5 years None None 0.00% Y U. S Treasury Medium Term Notes CATERPILLAR FINANCIAL SVCS 3% "A" Rating Obligations 5 years None None 0.00% Y US Agency "A" Rating AA- 0.60% Y 500,310 Obligations 5 years None None 28.19% Y - Negotiable 495,930 -- .. ............. .._. 3% "A" Rating Certificates of 5 years 30% None 11.29% Y Deposit "A" Rating A 0.610/o Y 503,785 Medium Term Notes 5 years 15% "A" Rating 4.21% Y Collateralized Bank Deposits_ 5 years None None 6.03% Y Local Agency I nvestment Fund N/A None None 39.17% Y LAI F Investment TvDe: Medium Term Notes - As of: March. 2017 Investment Type Issuer Ma)amum Specified % of Portfolio Minimum Quality Requirements Actual S &P meting City of El Segundo Investments In Compliance Y/N MARKET VALUE Medium Term Notes TOTAL 15% "A" Rating 4.21% Y 3,486,695 Medium Term Notes HSBC USA INC. 3% "A" Rating A 0.59% Y 487,165 Medium Term Notes WELLS FARGO & CO. 3% "A" Rating A 0.60% Y 500,360 Medium Term Notes CATERPILLAR FINANCIAL SVCS 3% "A" Rating A 0.60% Y 499,835 Medium Term Notes GENERAL - ELECTRIC CAP CORP 3% "A" Rating AA- 0.60% Y 500,310 Medium Term Notes TOYOTA 3% "A" Rating AA- 0.60% Y 495,930 Medium Term Notes WALT DISNEY CO 3% "A" Rating A 0.60% Y 499,310 Medium Term Notes BANK OF NEW YORK MELLON 3% "A" Rating A 0.610/o Y 503,785 Page 12 16 City of El Segundo - Treasury Department Continuing Education Tracking - As of March 31, 2017 Requirement YTD Hours Excess/ Deficit Notes Treasurer 5.00 11.50 6.50 GIOA Conference - March, 2017 ,Deputy City Treasurer 11 5.00 11.50 6.50 GIOA Conference - March, 2017 Deputy City Treasurer 1 5.00 10.00 5.00 CMTA Training - January, 2017 Investment Environment: During the first quarter of 2017, short term rates up to one year increased significantly, ending much higher than they were at the beginning of the quarter. As of May 2 "d, the rates up to two years have increased to above where they were at March 31St, but the three and five year yields are slightly lower. The FOMC raised the Federal Funds Rate at the March meeting to 0.75 - 1.00 %, and it appears that the Fed may raise rates one to two more times during 2017. The current expectation is for gradual increases, but this could change depending on the current economic data. The graphs and charts below show some of the key interest rates on items we invest in. As rates are expected to rise over the next few years, we want to time our investments to take advantage of the increases as they occur. 2.50 2.00 ° 1.50 eo SU W c 1.00 fflwi] M Page 13 US Treasury Bonds Yield Curve as of 3/31/17 IMO 3 Mo 6 Mo 1 Yr 2 Yr 3 Yr 5 Yr 12/30/2016 � ;- 3/31/2017 17 US Treasury Bonds Maturity 3 Month 6 Month 2 Year 3 Year 5 Year Municipal Bonds Maturity 2yr AA 2yr AAA 2yr A 5yr AAA 5yr AA 5yr A Corporate Bonds Maturity 2yr AA 2yr A 5yr AAA 5yr AA 5yr A I Composite Bond Rates (as of 4/3/17) Yield 0.73 0.86 1.22 1.44 1.86 Yield 0.83 0.81 0.74 1.25 1 32 1.42 Yield 1.34 1.34 1.98 2.17 2.18 Yesterday 0.66 0.73 1.21 1.47 1.89 Last Week 0.71 Last Month 0.67 0.71 1.27 1.56 1.99 Yesterday Last Week Last Month 0.83 0.83 0.81 0.82 0.83 - 0.78 0.73 0.66 0.81 1.25 1.34 1.35 1.35 1.39 1.43 1.43 1.44 1.67 Yesterday 1.32 1.43 2.01 2.18 2.19 Data provided by ValuBond. Source: http:( jfinance .vahoo.com /bondslcoinposite bond rates Last Week 1.35 Last Month 1.33 1.45 2.10 2.22 2.37 1.36 1.99 - 2.05 2.22 Cash Flow Analysis: The chart below shows the historical cash flow for the last 12 months. We can see that the majority of our funds are received in the second quarter of the fiscal year, January thru March, primarily due to Business License Renewals and the annual Chevron Payment. We also receive Sales and UUT taxes during the first few months of the year as well. Our investments will be purchased with the liquidity relative to our cash flow needs. Page 14 MR 16,000,000 14,000,000 12,000,000 10,000,000 c E 8,000,000 a 6,000,000 4,000,000 2,000,000 0 Rolling 12 Month Cash Flow Analysis -$--Total Receipts ,y`° ti� ti� ti(0 ti ti� ti ti(0 d` �0 o�c ti t tit tit �e\o lac This chart shows the net change in Cash as related to the Cash Flow Analysis above. Some of the larger disbursements occur in the third and fourth quarters of the fiscal year. During Q -3, March to June, we have a significant payment to CalPERS for our Other Post - Employment Benefits, and in Q -4, July- September, a payment to ICRMA for our citywide insurance premiums, and a large infrastructure payment for roadwork which was completed several years ago. We have added the prior year to highlight the changes that have occurred this year. For 2017, the Chevron payment was received in April, accounting for the variance between March of 2017 and March of 2017. 8,000,000 6,000,000 4,000,000 2,000,000 0 2,000,000) 4,000,000) 6,000,000) Page 15 Rolling 12 Month Net Change in Cash --*,-FY- 2015/2016 ,_4W -FY- 2016/2017 APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR 19 Additional Economic Indicators: Economic Projections from September Meeting The Economic Indicators presented below are key items that the Federal Reserve will look at in deciding whether or not to change interest rates going forward. The GDP, or Gross Domestic Product, represents the market value of all goods and services produced by the economy during the period measured, including personal consumption, government purchases, private inventories, paid -in construction costs and the foreign trade balance (exports are added, imports are subtracted). This is a key indicator the Federal Reserve will look at when deciding on interest rate changes. The target level for GDP is in the 2.5% to 3.5% range. The Unemployment Rate shows the percentage of the labor force that is unemployed but seeking work. The target level for Unemployment is around 5.6 %. The PCE Inflation is the Personal Consumption Expenditures rate of inflation. This index is essentially a measure of goods and services targeted toward individuals and consumed by individuals. The long term inflation target is around 2% per year. Core PCE Inflation excludes items such as food and energy due to the nature of their potential price swings. Fed Economic Projections (central tendencies as of March 2017) Variable 2017 2018 2019 Longer run Change in real GDP 2.0 - 2.2 1.8-2.3 1.8-2.0 1.8-2.0 December projection 1.9-2.3 1.8-2.2 1.8-2.0 1.8-2.0 Unemployment rate 4.5-4.6 4.3-4.6 4.3-4.7- 4.7-5.0 December projection 4.5-4.6 4.3-4.7 4.3-4.8 4.7-5.0 PCE inflation 1.8-2.0 1.9-2.0 2.0-2.1 2.0 December projection 1.7-2.0 1.9-2.0 2.0-2.1 2.0 Core PCE inflation4 1.8-1.9 1.9-2.0 2.0 - 2.1 December projection 1.8-1.9 1.9-2.0 2 Memo: Projected appropriate policy path Federal funds rate 1.4-1.6 2.1-2.9 2.6-3.3 2.8-3.0 December projection 1.1-1.6 1.9-2.6 2.4-3.3 2.8-3.0 Page 16 WE Unemployment 01 t16 03!16 05!16 07116 09/16 11116 01117 03117 Month Source:, http:Aldata.bls.eovlcei- bin /survevmost ?bls Inflation. Inflation Rates by Month 3.0 1 2.5 ! 2.0 % 1.5 - 1.0 - — 0.5 Page 17 --4 2016 —2017 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 21 4.5 4.0 3.5 3.0 2.5 2.0 1.5 1.0 0.5 (0.5) (1.0) 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 Average Inflation Rates by Year Source: htt www.usinflationcalculator.com inflation current- inflation -rates 380,000 375,000 370,000 365,000 360,000 355,000 350,000 345,000 Retail Trade & Food Services, ex Auto, US Total 2016 2017 Seasonally Adjusted Sales (Millions of $) 340,000 —, Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Source: United States Census Bureau - http: / /www.census.gov /retail /index.html Page 18 22 Investment Strategy: It is the City and City Treasurer's policy to invest funds in accordance with the Investment Policy and to meet all legal requirements regarding the safeguarding of funds. In the past we maintained a higher cash balance at the bank in order to offset our bank fees since our Earnings Credit rate was higher than the LAIF rate. Now that the LAIF interest rate exceeds our Earnings Credit rate we have lowered our bank balance and invested more short term funds in LAIF. We will now pay bank fees but earn more interest income, and will continue to monitor our cash flow needs in order to determine which investments will maximize return while providing the proper level of liquidity. The Liquidity Schedule provides an overview of when our current investments are due to mature. We will plan our future investments to coordinate with these maturities in order to ensure a liquidity balance to our portfolio. The Investments by Security Type schedule provides an additional breakdown of how our funds are presently allocated. The Portfolio Summary for the month is included as an attachment to this report. Additional Notes: The City has funds of $1,095,221.77 which belong to the El Segundo Senior Citizens Housing Fund and is now shown as its own LAIF balance. There are also LAWA RSI (Los Angeles World Airports Residential Sound Insulation) funds of $10,627,444.05 included in the City's LAIF balances. The applicable interest for these accounts is posted quarterly in the same manner as the regular City LAIF interest posting. In October we deposited $5,000,000 into a Collateralized Bank Deposits account at Plaza Bank. This is a special account structure set up for Government funds and backed by a Federal Home Loan Bank of San Francisco Irrevocable Letter of Credit. The interest rate is above that of LAIF, and the funds, while intended for a 1 year deposit, are available if needed. Page 19 23 City of El Segundo Investment Advisory Committee Liquidity Schedule As of: March 31. 2017 Cumulative % of Total % of Total Item Availability Par Value Cumulative Balances Assets Assets Cash in Bank Chase Immediate 9,216,062.00 50.18% Union Bank - Trust Account Immediate - 6.02% Cash in Bank - Total $9,216,062.00 $9,216,062.00 L.A.I.F. (State of California) LAIF Immediate $20,750,717.95 $29,966,779.95 Cash Immediate $29,966,779.95 78.75% L.A.I.F. - Senior Housing Fund LAIF Immediate 1,095,221.77 $31,062,001.72 L.A.I.F. - LAWA (Restricted) LAW Immediate 10,627,444.05 $41,689,445.77 Plaza Bank CBD 5,000,000.00 $46,689,445.77 Portfolio Investments: < 30 Days $0.00 $46,689,445.77 31 to 90 Days $1,850,000.00 $48,539,445.77 91 to 180 Days $2,244,000.00 $50,783,445.77 181 to 365 Days $6,909,000.00 $57,692,445.77 1 to 2 Years $7,735,000.00 $65,427,445.77 2 to 3 Years $5,855,000.00 $71,282,445.77 3 to 4 Years $7,190,000.00 $78,472,445.77 4 to 5 Years $4,605,000.00 $83,077,445.77 Subtotal $53,110,665.82 Grand Total $83,077,445.77 Investment Portfolio subtotal $73,861,383.77 Investments by Maturity Date $25,000,000.00 $20,000,000.00 $15,000,000.00 $10,000,000.00 $5,000,000.00 $0.00 �� `awe o °�'c�' � � `�G� p�� '� `Z ;� a5b AFB AO A_',l _k'b fi Gad`tiic �5�`Q� gtia 5y �yLo yao ti �i R J4 11.09% 11.09% 36.07% 24.98% 37.39% 1.32% 50.18% 12.79% 56.20% 6.02% 56.20% 0.00% 58.43% 2.23% 61.13% 2.70% 69.44% 8.32% 78.75% 9.31% 85.80% 7.05% 94.46% 8.65% 100.00% 5.54% 100.00% Market Value Page 1 10 24 City of El Segundo Investment Advisory Committee Investments by Security Type As of: March 31, 2017 Item Availability Market Value Cumulative Balances Cash in Bank Chase Immediate 9, 216, 062.00 Union Bank - Trust Account Immediate - Cash in Bank - Total $9,216,062.00 $9,216,062.00 L.A.I.F. (State of California) LAIF Immediate $20,750,717.95 $29,966,779.95 Cash Immediate $29,966,779.95 L.A.I.F. - Senior Housing Fund LAIF Immediate 1,095,221.77 $31,062,001.72 L.A.I. F. - LAWA (Restricted) LAIF Immediate 10,627,444.05 $41,689,445.77 Plaza Bank CBD 5,000,000.00 $46,689,445.77 Portfolio Investments: CD's 9,361,532.80 $56,050,978.57 Gov't Obligations 23,369,951.20 $79,420,929.77 Bonds 3,486,695.00 $82,907,624.77 Subtotal $52,940,844.82 Grand Total $82,907,624.77 Investment Portfolio subtotal $73,691,562.77 Page 1 11 Investments by Security Type $3,486,695.00 5,000,000.00 221.77 Cumulative % of Total % of Total Assets Assets 11.12% 11.12% 36.14% 25.03% 37.47% 1.32% 50.28% 12.82% 56.32% 6.03% 67.61% 11.29% 95.79% 28.19% 100.00% 4.21% ri Cash Immediate ■ LAIF Immediate LAIF. - Senior Housing LAIF - LAWA Plaza Bank CBD CD's Gov't Obligations Bonds 25 EL SEGUNDO CITY COUNCIL AGENDA STATEMENT AGENDA DESCRIPTION: MEETING DATE: May 16, 2017 AGENDA HEADING: Public Hearing Consideration and possible action regarding adoption of Addendum No. 1 to an approved Mitigated Negative Declaration and approval of Environmental Assessment No. EA -1184 and Specific Plan Amendment No. SPA 17 -01 to amend the Downtown Specific Plan as follows: 1. Remove the requirement that upper -floor residential occupants must also be commercial tenants or owners of the business below; 2. Establish a new parking requirement for new residential units; and 3. Miscellaneous cleanup. (Fiscal Impact: None) (Applicant: Bill Ruane) RECOMMENDED COUNCIL ACTION: 1. Conduct a public hearing; 2. Take testimony and other evidence as presented; 3. Introduce and waive first reading of an Ordinance (Specific Plan Amendment No. SPA 17 -01) amending the Downtown Specific Plan regarding residential uses; 4. Schedule second reading and adoption of the Ordinance on June 6, 2017; and /or 5. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Draft Ordinance a. Exhibit A — Addendum No. 1 to EA /MND 2. Mitigated Negative Declaration adopted under EA 474, August 1, 2000. 3. Planning Commission Staff Report and Minutes Dated April 13, 2017 4. Planning Commission Staff Report Dated April 27, 2017 5. City Council Staff Report and Minutes Dated May 1, 2001 6. City Council Staff Report and Minutes Dated May 15, 2001 FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A STRATEGIC PLAN: Goal: 4(a) El Segundo's physical infrastructure supports an appealing, safe, and effective City Objective: The City engages in new initiatives that continue to move the City forward The City engages in prospective thinking that allows the City to do more than keep up ORIGINATED BY: Gregg McClain, Planning Manager REVIEWED BY: Sam Lee, Planning and Building Safety Director 26 1 APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION Prior to the adoption of the Downtown Specific Plan (DSP), the area was zoned Downtown Commercial (CR -S). This zoning permitted residential units only as upper -floor accessory uses at a density of 1 unit per 4,356 square feet of lot area. The code at the time required 2 parking spaces per unit. In 1998, the City Council created the Downtown Task Force comprised of community and business leaders appointed by the City Council. In November 1998, the Task Force presented a summary report entitled "Developing a Vision for Downtown El Segundo." The City Council reviewed the report and recommendations, and later directed staff to begin the preparation of a Downtown Specific Plan to implement the vision plan document. In July 1999, the City Council re- formed the Downtown Task Force to develop a Specific Plan and Vision Statement for future development of the Downtown area. The aim of the Specific Plan was the revitalization of the core area of the City, in order to make the Downtown more walkable and livable. The Downtown Task Force conducted numerous public meetings and workshops, resulting in a Specific Plan Concept Document and Vision Statement, which included allowing residential units on the second floor of commercial buildings. The draft Specific Plan document was presented to the Planning Commission, which then made a recommendation that the City Council adopt the DSP. On June 20, 2000, the City Council considered the draft DSP, which included a recommendation that two residential units per 25 -foot wide lot be allowed, and that two on -site parking spaces be provided per unit. The Council directed staff to investigate the feasibility of requiring that the residential unit above a commercial space be occupied only by the owner of the business below. The City Attorney's office then opined that such a development standard would be unenforceable, and the City Council directed staff to delete the allowance for residential units within the DSP. Thus, on August 1, 2000, the City Council adopted a DSP that did not list residential as a permitted use, effectively prohibiting residential uses and development in the downtown area. The following year, however, the City Council directed staff to amend the DSP to allow the development of dwelling units on the second floor of buildings for tenants /business owners of the first floor businesses only. As part of the Planning Commission's review, the Commission questioned the enforceability of the amendment and discussed the benefits of residential use downtown (i.e. eyes on the street, reduction of vehicle usage and the enhanced cash flow to the business owner). As a result, the Commission instead recommended that the DSP be amended to allow unrestricted residential use above the first floor within the DSP area. On May 1, 2001 the City Council considered the Planning Commission's recommendation to permit residential units within the DSP with no restrictions. However, after deliberation, the City Council voted to amend the DSP in accordance with its original direction to staff, to allow development of upper -level dwelling units in the downtown, provided they are only occupied by tenants /business owners of the first floor businesses. The amended DSP also established a density of one unit per 3,500 square feet of lot area; and, because the commercial tenant below would be the same person living upstairs, residential parking was not required. 27 On April 13, 2017, the Planning Commission considered an application by local real estate agent, Bill Ruane, requesting an amendment to the DSP to remove the restriction on upper -floor residential units. A public hearing was held and three members of the Planning Commission heard public testimony (Commissioners Nisley and Wingate recused themselves from participation due to conflicts of interest; Vice Chair Newman also had a conflict of interest, but was randomly selected to participate to achieve a quorum of the Commission). The commissioners agreed that the restriction on upper -level residential units should be removed. Staff also sought direction on parking requirements for new residences in the downtown area. Based on its discussion, the Planning Commission concluded that parking should not be what is typically required of residential developments (i.e., 2 spaces per unit) and that a lower ratio is justified. As a result, the Planning Commission directed staff to return with a resolution offering the following two options for consideration: 1) Require 0.5 space per new residential unit. 2) Require no spaces for the first new residential unit on a property, and 0.5 per each additional unit on a property. On April 27, 2017 the Planning Commission unanimously adopted a resolution, recommending the City Council adopt the ordinance, which would remove the upper -level residential restriction, and establish a new residential parking requirement of 0.5 spaces per unit (the first option). It is worth noting that the DSP allows developers to pay a fee under the City's parking in -lieu fee program rather than provide the required parking space. The program currently requires $17,500 per space, which can be paid over a maximum period of 20 years. Funds collected by the City from such payment is deposited in a special fund and used by the City only to acquire and /or develop additional parking and related facilities that are determined by the City Council to be necessary to serve the downtown area, such as recent improvements on Richmond Street. The proposed amendment makes no change to this program. OTHER PROPOSED CHANGES TO THE DSP In addition to this amendment, staff is proposing that other sections of the DSP be amended to clarify certain sections of the document since it is important that that the DSP be clear in all related language and standards. As a result, the following changes are proposed: 1. Introduction: The DSP contains the following statement: "The final Plan will not allow the development of any new residential units, although the existing units may continue and may be rebuilt if accidentally destroyed." The statement will be removed since it is language left from the original DSP that was never removed when new residential units became allowed in 2001. 2. Height: the current DSP height standard for each district is verbose and difficult to understand. Staff proposes simplified wording that does not change the standards required. 3. Residential density: the current limit to residential density is worded ambiguously. It states: "The maximum residential density shall not exceed one dwelling unit per 3,500 square foot lot. If the lot is less than 3,500 square feet, one unit is allowed." A strict reading prohibits more than one residential unit per lot regardless of lot size. Staff believes that such a reading constitutes a misinterpretation of the intent of the standard, and therefore new language is proposed. 4. Pa_ rking: the DSP explains that additional parking is not required for upper -floor residential units because "People who occupy the residential units will be the ones working in the commercial units ". Because this is not consistent with the amendment, staff proposes that the explanatory language be removed. 5. Parkin , in -lieu fees: staff believes that it is important to clearly state that parking in -lieu fees are rounded together up to the whole number of required parking spaces to be waived. 6. Parking required for public assembly: this section references the outdated Uniform Building Code. Staff proposes that this reference be removed. FINDINGS Consistency with the El Segundo Municipal Code. Pursuant to ESMC Title 15, Chapter 26 (Amendments), in order to recommend City Council approval of the proposed amendments, the Planning Commission must find that the amendments are necessary to carry out the general purpose of ESMC Title 15. The purpose of this Title (ESMC § 15 -1 -1) is to serve the public health, safety, and general welfare and to provide economic and social advantages resulting from an orderly planned use of land resources. Planning staff believes that the Planning Commission can make the findings in order to recommend City Council approval of the proposed amendment. The findings are discussed in the proposed resolution. Consistency with the El Segundo General Plan ESMC § 15 -1 -1 (Purpose, Title) states that Title 15 is the primary tool for implementation of the goals, objectives, and policies of the El Segundo General Plan. Accordingly, the Planning Commission must find that the proposed Specific Plan Amendment is consistent with those goals, objectives, and policies. Planning staff believes that the Planning Commission can make the findings in order to recommend City Council approval of the proposed amendment. The findings are discussed in the proposed resolution. ENVIRONMENTAL REVIEW The Downtown Specific Plan was evaluated by an adopted Mitigated Negative Declaration (Environmental Assessment No. 474) ( "MND ") on August 1, 2000. Addendum No. 1 to the MND, attached to the proposed ordinance as Exhibit "A" and incorporated by this reference, determined that the proposed amendments to the Downtown Specific Pan would not result in any new or different impacts that were not identified in the prior MND. None of the conditions described in CEQA Guidelines Section 15164 (14 CCR § 15164), which identifies when a subsequent MND is 29 required, has been met, and therefore the City prepared an Addendum to the previously approved MND. The proposed ordinance would adopt Addendum No. 1 to the MND. RECOMMENDATION Staff recommends that the City Council introduce and waive first reading of a draft Ordinance, and schedule a second reading and adoption of the Ordinance to occur on June 6, 2017. If adopted, the Ordinance would take effect 30 days after adoption. WE ORDINANCE NO. AN ORDINANCE ADOPTING ADDENDUM NO. 1 TO AN APPROVED MITIGATED NEGATIVE DECLARATION (ENVIRONMENTAL ASSESSMENT NO. 474) AND AMENDING THE DOWNTOWN SPECIFIC PLAN REGARDING RESIDENTIAL USES (SPECIFIC PLAN AMENDMENT NO. 17 -01) The City Council of the city of El Segundo does ordain as follows: SECTION 1: The Council finds and declares as follows; A. On May 25, 2000 the Planning Commission adopted Resolution 2475, recommending the City Council adopt the Downtown Specific Plan (DSP). B. On June 20, 2000, staff presented the draft DSP to the City Council, which included the recommendation that 2 residential dwelling units per 25 -foot wide lot be allowed, and that 2 on -site parking spaces be provided per unit. The Council continued the item to the July 18, 2000 Council meeting, and directed staff to study the feasibility of requiring that the residential unit above a commercial space be occupied only by the owner of the business below. C. On July 18, 2000, based on The City Attorney's office advise that such a requirement would be unenforceable, the City Council directed staff to delete the allowance for residential units within the DSP. D. On August 1, 2000, the City Council approved Environmental Assessment No. 474 and Resolution No. 2475, adopting the Mitigated Negative Declaration for the Downtown Specific Plan. The approved Downtown Specific Plan prohibited residential dwelling units in the downtown area. E. On February 6, 2001, the City Council directed staff to amend the DSP to allow the development of dwelling units on the second floor of buildings for tenants /business owners of the first floor businesses only. F. On April 12, 2001 the Planning Commission questioned the enforcement of the restriction and discussed the benefits of residential use downtown (i.e. eyes on the street, reduction of vehicle usage and the enhanced cash flow to the business owner). As a result, the Commission recommended that the Plan be amended to allow unrestricted residential use above the first floor within the DSP area. G. On May 1, 2001, the City Council considered the Planning Commission's recommendation to permit residential units within the DSP with no restrictions. However, after deliberation, the City Council voted to amend the DSP in accordance with its original direction to staff, to allow development of Page 1 of 16 31 upper -level dwelling units in the downtown, provided they are only occupied by tenants /business owners of the first floor businesses. The amended DSP also established a density of one unit per 3,500 square feet of lot area; and, because the commercial tenant below would be the same person living upstairs, residential parking was not required. H. On December 12, 2016, Bill Ruane initiated the process to amend the Downtown Specific Plan (DSP) development standards regarding upper -floor residential units; I. On April 27, 2017, the Planning Commission held a public hearing to receive public testimony and other evidence regarding the application including information provided by city staff; and, adopted Resolution No. 2814 recommending that the City Council approve the proposed amendments; J. On May 16, 2017, the City Council held a public hearing and considered the information provided by City staff and public testimony regarding this Ordinance; and K. This Ordinance and its findings are made based upon the entire administrative record including testimony and evidence presented to the City Council at the public hearing and the staff report submitted by the Planning and Building Safety Department. SECTION 2: Factual Findings and Conclusions. After considering the above facts, the City Council finds as follows: A. The properties affected by the proposed ordinance are located within the boundaries of the Downtown Specific Plan (DSP) area. The DSP area encompasses the properties located on the 100 through 500 blocks of Main Street, the 100 through 200 blocks of Richmond Street, the west side of the 300 block of Richmond Street, a portion of the east side of the 300 block of Richmond Street, the lots fronting the 100 and 200 blocks of West Grand Avenue from Concord Street to Main Street, and a portion of the 100 block of East Grand Avenue from Main Street to the alley west of Standard Street. B. The General Plan Land Use designation for this area is DSP. C. The DSP includes the following districts: Main Street District, Main Street Transitional District, North Richmond Street District, Richmond Street District, Grand Avenue District, West Grand Avenue Transitional District (north) and West Grand Avenue Transitional District (south). D. The land uses permitted in the DSP include a variety of commercial uses, residential uses above the first floor, and recreational uses. Page 2 of 16 32 E. Surrounding land uses in the area generally consist of multi - family residential dwellings to the north, west and east; offices and industrial uses to the east, and industrial uses to the south. The surrounding area is a fully developed urban environment. F. The proposed amendments would amend DSP Chapter I — Introduction, Chapter VI — Development Standards and Chapter VII — Parking. G. The proposed amendments will: 1) remove the requirement that upper -floor residential occupants must be tenants or owners of the business below; 2) amend related language accordingly; and 3) clarify language regarding limits to height and residential density. SECTION 3: General Plan and Specific Plan Findings. As required under Government Code § 65454 the proposed amendment of the DSP is consistent with the City's General Plan as follows: A. The El Segundo General Plan land use designation is Downtown Specific Plan (DSP). This designation permits community - serving retail and service uses, and offices in a pedestrian- oriented environment. B. The amendment is consistent with the "philosophy and concept" section of the DSP (a vision -based list adopted by the Downtown Task Force as part of the Specific Plan Concept Document which was adopted February 22, 2000). In removing barriers to live within the DSP the proposed amendment can help maintain and enhance the pedestrian - friendly environment. Further, more street activity and an increased number of "eyes on the street" have the potential to increase safety. C. The proposed amendment is also consistent with the General Plan's Economic Development Element Goal ED3, Objective ED3 -1, Policy ED3 -1.2, Policy ED3 -1.4, and Policy ED3 -1.5 in that it prioritizes the area's economic viability. Added residential units will stimulate pedestrian traffic and add support for local businesses. D. The proposed amendment to the Downtown Specific Plan is consistent with several General Plan Land Use Element Goals, Objectives and Policies. Specifically, it is consistent with Land Use Element Objective LU1 -2 in that it will help prevent deterioration and blight by increasing real estate potential. Currently, the restriction of who can rent which units is a deterrent to development. Under the proposed amendment, developers as well as existing property owners will be better able to keep their units occupied. The amendment is also consistent with Land Use Objective 1 -4 which seeks to "Preserve and maintain the City's Downtown and historic areas as integral to the City's appearance and function." If upper -floor residential units may be rented to those who are not connected with the business below, more people will be able to live within the Downtown area. An increase in residential Page 3 of 16 33 population will be beneficial to local businesses, helping the Downtown area function as an active center. The proposed amendment does not change the allowable density or building height. Nor does it allow any new uses. Upper - floor residential is currently allowed. The proposed amendment simply removes the requirement that upper -floor residential units can only be leased by the commercial tenant below. E. The proposed amendment is a direct response to Land Use Element Objective LU44, which states that the City should "Provide areas where development has the flexibility to mix uses, in an effort to provide synergistic relationships which have the potential to maximize economic benefit, reduce traffic impacts, and encourage pedestrian environments." The downtown area is the most obvious part of the City for such an environment. However, the current DSP language severely limits such a potential by providing a barrier to renting upper -floor residential units. SECTION 4: Environmental Assessment; Adoption of Addendum No. 1 to Mitigated Negative Declaration. The Downtown Specific Plan was evaluated by an adopted Mitigated Negative Declaration (Environmental Assessment No. 474) ( "MND ") on August 1, 2000. Addendum No. 1 to the MND, attached hereto as Exhibit "A" and incorporated by this reference, determined that the proposed amendments to the Downtown Specific Pan would not result in any new or different impacts that were not identified in the prior MND. None of the conditions described in CEQA Guidelines Section 15164 (14 CCR § 15164), which identifies when a subsequent MND is required, has been met, and therefore the City prepared an Addendum to the previously approved MND. The City Council, as responsible agency, has received and considered the Addendum, and finds that the Addendum was prepared in accordance with CEQA Guidelines Section 15164 and that none of the conditions warranting either supplemental or subsequent review, under CEQA Guidelines Sections 15162 or 15163, respectively, have been triggered. The City Council in its independent judgment has reviewed and considered the MND and the Addendum. Based on these findings and all of the evidence in the record, the City Council adopts Addendum No. 1 to the MND. SECTION 5: Downtown Specific Plan, Chapter I (Introduction), Section A (Specific Plan Project Description) is amended to delete the following language: im SECTION 6: Downtown Specific Plan, Chapter VI (Development Standards), Section A (Main Street District — (300 -400 Blocks Main Street)), subsection 2 (Permitted Uses), sub -part c, sub - sub -part ii is amended as follows: ii)- Business ter antl-owner- occArpieci residential units- Residential units Page 4 of 16 34 SECTION 7: Downtown Specific Plan, Chapter VI (Development Standards), Section A (Main Street District — (300 -400 Blocks Main Street)), subsection 7 (Site Development Standards), sub -part c is amended as follows- ... _ ■ ffz WCWTA .�- - ■. _ s -- - .. _ - c. Height: New structures may not exceed 30 feet (and two stories) in front. A 45-foot and three -sto limit begins 25 feet from front property line. For ascending lots height is measured from grade along front and street -side property lines; for descending_blots height is measured from existing grade directly_ below. Maximum height on corner lots shall be determined through the Downtown Design Review process. SECTION 8: Downtown Specific Plan, Chapter VI (Development Standards), Section A (Main Street District — (300 -400 Blocks Main Street)), subsection 7 (Site Development Standards), sub -part f, sub - sub -part ii is amended as follows: ii) Residential -The maximum residential density shall not exceed one dwelling unit per 3,500 square foot feet of lot area. If the lot is less than 3,500 square feet, one unit is allowed. SECTION 9: Downtown Specific Plan, Chapter VI (Development Standards), Section B (Main Street Transitional District — (100 -200 & 500 Blocks Main Street)), subsection 2 (Permitted Uses), sub -part c, sub - sub -part ii is amended as follows: ii)-B-uai -ryes term +�` caner OGG610ed reskk_�„ Residential units Page 5 of 16 35 SECTION 10: Downtown Specific Plan, Chapter VI (Development Standards), Section B (Main Street Transitional District — (100 -200 & 500 Blocks Main Street)), Subsection 7 (Site Development Standards), sub -part c is amended as follows: �� - di. - - -- IL - - . NO �. RIM- c. Height: New structures may not exceed 30 feet and two stories or less in front. A 45 -foot and three-story) limit begins 25 feet from front ro ert line. For ascending lots, height is measured from grade along front and street -side property lines: for descending lots, height is measured from existing grade directly below. Maximum height on corner lots shall be determined through the Downtown Design Review process. SECTION 11: Downtown Specific Plan, Chapter VI (Development Standards), Section B (Main Street Transitional District — (100 -200 & 500 Blocks Main Street)), Subsection 7 (Site Development Standards), sub -part f, sub - sub -part ii is amended as follows: ii) Residential -The maximum residential density shall not exceed one dwelling unit per 3,500 square feet feet of lot area. If the lot is less than 3,500 square feet, one unit is allowed. SECTION 12: Downtown Specific Plan, Chapter VI (Development Standards), Section C (Richmond Street District — (100 -200 Blocks Richmond Street)), subsection 2 (Permitted Uses), sub -part c, sub - sub -part ii is amended as follows: Page 6 of 16 36 ii) Busi n identi A -u s-- Residential units SECTION 13: Downtown Specific Plan, Chapter VI (Development Standards), Section C (Richmond Street District - (100 -200 Blocks Richmond Street)), subsection 7 (Site Development Standards), sub -part c is amended as follows: R— r Mg•0 ' A MW am e^ ■ — — W.V.% — w . i0wo ► - i r ., NZI = _ .. c. Height: New structures may not exceed 30 feet and two stories in front._ A 45 -foot (and three - story) limit begins feet from front property line. For ascending lots height is measured from grade along front and street -side property lines; for descending lots height is measured from existing grade directly below. Maximum height on corner lots shall be determined through the Downtown Design Review process SECTION 14: Downtown Specific Plan, Chapter VI (Development Standards), Section C (Richmond Street District - (100 -200 Blocks Richmond Street)), subsection 7 (Site Development Standards), sub -part f, sub - sub -part ii is amended as follows: ii) Residential -The maximum residential density shall not exceed one dwelling unit per 3,500 square feet feet of lot area. If the lot is less than 3,500 square feet, one unit is allowed. SECTION 15: Downtown Specific Plan, Chapter VI (Development Standards), Section D (North Richmond Street District - (300 Block west side Richmond Street)), subsection 2 (Permitted Uses), sub -part c, sub - sub -part ii is amended as follows: Page 7 of 16 37 ii)- Business- tenantlowne -r- occupied- reidentiat- unit-s- Residential units SECTION 16: Downtown Specific Plan, Chapter VI (Development Standards), Section D (North Richmond Street District — (300 Block west side Richmond Street)), subsection 7 (Site Development Standards), sub -part c is amended as follows: ft-0, - - _ Ica al -e ■ -- .- �l c. Height: New structures may not exceed 30 feet (and two stories) in front A 45 -foot (and three - story) limit begins 25 feet from front property_ line For ascending lots height is measured from grade along front and street -side propejrty lines, for descending lots height is measured from existing grade directIV below. Maximum height on corner lots shall be determined through the Downtown Design Review process, SECTION 17: Downtown Specific Plan, Chapter VI (Development Standards), Section D (North Richmond Street District — (300 Block west side Richmond Street)), subsection 7 (Site Development Standards), sub -part f, sub - sub -part ii is amended as follows: ii) Residential -The maximum residential density shall not exceed one dwelling unit per 3,500 square felt feet of lot area. If the lot is less than 3,500 square feet, one unit is allowed. SECTION 18: Downtown Specific Plan, Chapter VI (Development Standards), Section E (Grand Avenue District — (300 Block east side Richmond Street — former Ralph's market Page 8 of 16 38 and adjacent lots)), subsection 2 (Permitted Uses), sub -part c, sub - sub -part ii is amended as follows: ii) ,, i4e&&4egant(owner ed4esAential units- Residential units SECTION 19: Downtown Specific Plan, Chapter VI (Development Standards), Section E (Grand Avenue District — (300 Block east side Richmond Street — former Ralph's market and adjacent lots)), subsection 7 (Site Development Standards), sub -part c is amended as follows: c. Height: New structures may not exceed 30 feet (and two stories) in front. A 45 -foot and three- s_tvey) limit begins 25 feet from front property line. For ascending lots, hei ht is measured from grade along front and street side property lines; for descending lots height is measured from existing grade directly below. A variety of building heights must be provided throughout the site. Towers or appendages may be located on the corner of Grand Avenue and the alley, and the northwest side of the property abutting Richmond Street, and may Page 9 of 16 M be 45 feet and two stories tall. Maximum height on corner lots shall be determined through the Downtown Design Review process. SECTION 20: Downtown Specific Plan, Chapter VI (Development Standards), Section E (Grand Avenue District — (300 Block east side Richmond Street — former Ralph's market and adjacent lots)), subsection 7 (Site Development Standards), sub -part f, sub -sub- part ii is amended as follows: ii) Residential -The maximum residential density shall not exceed one dwelling unit per 3,500 square feet feet of lot area. If the lot is less than 3,500 square feet, one unit is allowed. SECTION 21: Downtown Specific Plan, Chapter VI (Development Standards), Section F (West Grand Avenue Transitional District — (North 200 Block of West Grand Avenue between Concord Street and the alley West of Richmond Street)), subsection 2 (Permitted Uses), sub -part c, sub - sub -part ii is amended as follows: 043usiness tenanY ; e tia mite Residential units SECTION 22: Downtown Specific Plan, Chapter VI (Development Standards), Section F (West Grand Avenue Transitional District — (North 200 Block of West Grand Avenue between Concord Street and the alley West of Richmond Street)), subsection 7 (Site Development Standards), sub -part c is amended as follows: r:JMM M. -e — — e _ . w a + — _ M.E, — — ? Z C • _ + .. MI Tz ■ •- - ..- do 4 it - _ ■- Page 10 of 16 40 c. Height: New structures must be between 25 -30 feet (two stories) in front. A 36 -foot height limit begins 25 feet from front Prop erty line. For ascendin lots hei ht is measured from rade alon front and street -side property. lines, for descending lots, height is measured from existing �grade directly below. Maximum height on corner lots shall be determined through the Downtown Design Review process. SECTION 23: Downtown Specific Plan, Chapter VI (Development Standards), Section F (West Grand Avenue Transitional District — (North 200 Block of West Grand Avenue between Concord Street and the alley West of Richmond Street)), subsection 7 (Site Development Standards), sub -part f, sub - sub -part ii is amended as follows: ii) Residential -The maximum residential density shall not exceed one dwelling unit per 3,500 square foet feet of lot area. If the lot is less than 3,500 square feet, one unit is allowed. SECTION 24: Downtown Specific Plan, Chapter VI (Development Standards), Section G (West Grand Avenue Transitional District — (South 200 Block of West Grand Avenue between Concord Street and the alley west of Richmond street)), subsection 2 (Permitted Uses), sub -part c, sub - sub -part ii is amended as follows: ii) ner -o ^ ^unIc--��, ko*s- Residential units SECTION 25: Downtown Specific Plan, Chapter VI (Development Standards), Section G (West Grand Avenue Transitional District — (South 200 Block of West Grand Avenue between Concord Street and the alley west of Richmond street)), subsection 7 (Site Development Standards), sub -part c is amended as follows: c. Height: New structures must be between 25 -30 feet two stories). Height is measured from existing grade directly below. Maximum heictht on corner lots shall be determined through the Downtown Design Review process. SECTION 26: Downtown Specific Plan, Chapter VI (Development Standards), Section G (West Grand Avenue Transitional District — (South 200 Block of West Grand Avenue between Concord Street and the alley west of Richmond street)), subsection 7 (Site Development Standards), sub -part f, sub - sub -part ii is amended as follows: Page 11 of 16 41 ii) Residential -The maximum residential density shall not exceed one dwelling unit per 3,500 square feet feet of lot area. If the lot is less than 3,500 square feet, one unit is allowed. SECTION 27: Downtown Specific Plan, Chapter VII (Parking), Section 3, subsection a, sub -part i is deleted and replaced with the following: i) Dwelling units — 0.5 spaces per unit. SECTION 28: Downtown Specific Plan, Chapter VII (Parking), Section 3, subsection c, sub -part ii, sub - sub -part f is added: f. The total in -lieu parking fee is based on the required number of spaces, rounded to the nearest whole number. SECTION 29: Downtown Specific Plan, Chapter VII (Parking), Section 3, subsection a, sub -part x is is amended as follows: X. Places of Public Assembly (including but not limited to, theaters, auditoriums, banquet facilities, meeting rooms, clubs, lodges and mortuaries) - With fixed seats -1 space for every 5 seats (areas having fixed benches or pews shall have 1 seat for each 18 inches of length. Dining areas shall have 1 seat for each 24 inches of booth length, or major portion thereof.) Without fixed seats -1 space for every 50 sq. ft. of floor area used for assembly purposes. SECTION 30: Reliance on Record. Each and every one of the findings and determination in this Ordinance are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects; and SECTION 31: Limitations. The City Council's analysis and evaluation of the project is based on information available at the time of the decision. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. In all instances, best efforts have been made to form accurate assumptions. SECTION 32: If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 33: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of El Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. Page 12 of 16 :A SECTION 34: This Ordinance will become effective on the 31st day following its passage and adoption. Page 13 of 16 43 PASSED AND ADOPTED this day of 12017. Suzanne Fuentes, Mayor APPROVED AS TO FORM: Mark D. Hensley, City Attorney ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO 1 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 Ordinance No. was duly introduced by said City Council at a regular meeting held on the day of 2017, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the day of _ 2017, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tracy Weaver, City Clerk Page 14 of 16 EXHIBIT "A" ADDENDUM NO. 1 TO ENVIRONMENTAL ASSESSMENT/ MITIGATED NEGATIVE DECLARATION ORIGINALLY ADOPTED UNDER EA 474, GPA 99 -2, ZC 99 -2 & ZTA 99 -5 May 16, 2017 On August 1, 2000, the City Council approved Environmental Assessment No. 474 and Resolution No. 2475, adopting the Mitigated Negative Declaration for the Downtown Specific Plan. The MND was circulated for public comment from April 21 to May 11, 2000. The City Council found that there was no evidence that the project would have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the project is infill development in a built -out urban environment. Standard of Review Under CEQA, an Addendum to an adopted Mitigated Negative Declaration is needed if minor technical changes or modifications to the proposed. project occur (CEQA Guidelines §15164). An addendum is appropriate only if these minor technical changes or modifications do not result in any new significant impacts or a substantial increase in the severity of previously identified significant impacts. The Addendum need not be circulated for public review (CEQA Guidelines §15164[c]); however, an addendum is to be considered by the decision - making body prior to making a decision on the project (CEQA Guidelines §15164[d]). This Addendum to the previously adopted Mitigated Negative Declaration demonstrates that the environmental analysis, impacts, and mitigation requirements identified during the preparation of the Downtown Specific Plan remain substantively unchanged despite project revisions described herein, and supports the finding that the proposed project does not raise any new issues and does not exceed the level of impacts identified in the previous Mitigated Negative Declaration. Project Revisions The proposed amendment would make minor changes to the Specific Plan by removing the restriction that residential units be owner - occupied. This does not change the currently - allowed residential density within the Specific Plan. Further, no new information shows that: there is one or more new or increased significant impacts; or, that new or different mitigation measures are feasible to reduce the impacts. Impact Comparison The approved MND (adopted August 1St, 2000) identified potential impacts to geology and soils due to the fact that all of Southern California is subject to the risk of seismic shaking. It was determined to have a less- than - significant impact due to adherence with building code requirements that ensure buildings are constructed to withstand seismic activity. According to the Official Maps of Seismic Hazard Zones provided by the State Page 15 of 16 45 of California Department of Conservation, the specific plan area is not located within an earthquake- induced landslide zone or a liquefaction zone. Notwithstanding, numerous controls would be imposed on development through the permitting process. Thus, since the proposed amendment makes no change to allowed land uses or development standards, no new significant impacts or substantial increase in the severity of impacts would occur in regards to geology and soils as a result of project revisions. The adopted MND also identified potential impacts to transportation /traffic. It was determined to have a less- than - significant impact with mitigation. In 2000, the MND identified the intersection of Imperial Highway and Main Street (which is outside the boundaries of the Specific Plan area) to be operating at LOS E, but identified that improvements to this intersection were planned. According to the traffic impact analysis conducted in 2012 for the approved 540 Imperial residential development project, the intersection now operates at LOS A. Thus, since the proposed amendments do not make any changes to allowed uses, allowed density or to any other development standards within the Plan, the amendments will not result in an increase in traffic generation. Therefore, no new significant impacts or substantial increase in the severity of impacts would occur in regards to transportation /traffic as a result of project revisions. Cnnnhminn As such, the City Council has independently reviewed this item and determined that the proposed amendments do not constitute a substantial change to the Specific Plan and that there have been no substantial changes with respect to the circumstances under which Specific Plan amendments are undertaken. The proposed amendment is within the scope of Environmental Assessment No. 474. Further, future proposals would be subject to review as required by CEQA. As a result, no further environmental review is necessary other than the approval of this Addendum. Page 16 of 16 G` CrLLIrL�C] COMMUNITY, MMUNITY, ECONOMIC AND ...... SERVICES DEPARTMENT ENVIRONMENTAL CHECKLIST FORM PROJECT' No. EA 474, GPA 99 -2, ZC 99 -2, ZTA -99 -05 BACKGROUND 350 Main Street El Segundo, CA 90245 (310) 322 -4670 FAX (310) 322 -4167 www.elsegundo.org 1. Project Title: City of El Segundo Downtown Specific Plan 2. Lead Agency Name and Address: City of El Segundo, 350 Main Street, El Segundo, CA 90245 3. Contact Person and Phone Number: Laurie B. Jester, Senior Planner, Phone (310) - 322 -4670 x:442, Fax (310) - 322 -4167, E -mail Ijester @elsegundo.org 4. Project Location: 100 -500 blocks of Main Street, 100 -300 blocks of Richmond Street (excluding. the Multi - family Residential Rai portion on the southeast comer of Holly Avenue and Richmond Street (the 300 block of Richmond) and abutting areas on the north and south sides of Grand Avenue. (Map 1) 5. Project Sponsor's Name and Address: City of El Segundo, 350 Main Street, El Segundo, CA 90245 6. General Plan Designation: Downtown Commercial and Public Facilities 7. Zoning: Downtown Commercial (C -RS) Zone and Public Facilities (P -F) 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary) The proposed project is a Specific Plan for the Downtown area of El Segundo. The Plan envisions a ten -year horizon for planning and development purposes. The project includes a General Plan Amendment (GPA 99 -2), a Zone Change (ZC 99 -2) and a Zone Text Amendment (ZTA 99 -05). The Downtown Specific Plan encompasses the majority of the Downtown Commercial (C -RS) Zone, as well as the Civic Center Complex, which is zoned Public Facilities (PF). The Plan area is currently developed with commercial, residential and public uses, and future development is anticipated to be similar in nature. The entire Specific Plan area is approximately 25.8 acres in size, while the C-RS Zone is approximately 30.8 acres in size. El Segundo's Downtown is the heart of the community. Due to its location deep within the community and away from regional arterials, Downtown remains a small, distinct district approximately two blocks by five blocks in_ size. The Specific Plan will provide land use and development standards for the area including, but not limited to, standards for heights, setbacks, density, lot area, outdoor uses, landscaping, III parking, loading, circulation' and signage. Design Standards will also be included within the Specific Plan to regulate site development, street and alley configurations, streetscape (sidewalks, street furniture, bus stops, bicycles), landscaping, lighting (street and pedestrian, decorative and security), architecture and signage. Implementation of the project may involve the formation of a Downtown Business Improvement [District (BiD), the construction of a two to three -level parking structure, the implementation of a Master Street Tree, Lighting and Landscaping Plan, modifications to the street and sidewalk widths and configuration, implementation of a parking management program, formation of a sidewalk and streetscape maintenance district, the formation of a Historic District in the 100 and 200 blocks of Richmond Street and other similar implementation strategies to meet the goals of the Plan. Two related projects, which are currently underway, are the update of the City's Circulation and Housing Elements. The Downtown is divided by three principal streets — Main Street, Grand Avenue, and El Segundo Boulevard. Each of these three streets connects to major, region - serving arterials or freeways. El Segundo Boulevard, on the southern boundary of the Plan area, runs in an east - west direction and connects to the 1-405 Freeway and to Sepulveda Boulevard. Grand Avenue, an east -west street, connects to Sepulveda Boulevard on the east and the beach to the west. Main Street runs north and south between El Segundo Boulevard-and Imperial Highway, which borders Los Angeles International Airport (LAX). The 1 -105 Freeway is north of the Plan area, immediately north of Imperial Highway. ' Grand Avenue is one of only two City streets that connects to the beach. It is the principal eastlwest street in Downtown El Segundo and crosses both Main and Richmond Streets. The portion of Grand Avenue addressed in the Downtown Specific Plan is between Main and Concord Streets. Beyond Concord Street, Grand Avenue crests the hill of an ancient sand dune and disappears from view toward the ocean. Grand Avenue to the west of Concord has recently been planted with Cajeput trees to provide a visual welcome to El Segundo. Grand Avenue is one of the widest streets in the City, having formerly been the early alignment of-one of the trolley _ca_rs.tkat criss- crossed the.region before falling victim to the automobile. The right -of -way is 100 feet in width with 10 -foot sidewalks on both sides and a center median. Parallel parking is provided on both curb lanes and on both sides of the center median. The majority of the lots within the Specific Plan area are 25 feet wide by 140 feet deep, 3500 square feet in area,, although many of the lots have been combined and developed under common ownership. The majority of the Specific Plan area is developed with neighborhood service commercial uses, including uses such as beauty shops, drug, jewelry and antique stores, restaurants, medical, dental and general offices, banks and similar uses. The Plan area also includes approximately 82 existing residential units, mainly small (1 -8 unit) apartments in mixed -use developments, with the primary use being commercial. The current zoning would allow a maximum of 276 dwelling units within the Plan area, one unit per 25 foot wide lot, not including the Civic Center site. The Plan proposes to double the allowed residential density to 2 units per 25 -foot wide lot, which would allow 552 units total. As an option, the west side of the 300 block of Richmond Street may be developed as Multi- family (R -3) or Multi- family with a smMl commercial component at the street front. These options would not significantly change the residential density in the Plan area as the proposed two residential units per 25 -foot wide lot (25 dwelling units per acre) is approximately the same density as Multi- family (R -3) development (27 dwelling units per acre). For this evaluation, a ten -year horizon was used with a maximum buildout of 150 additional residential units (in addition to the -80 existing units). This is 27% of the 552 units at total buildout. It is riot realistic to assume that all of the allowed residential units would be constructed in the ten year horizon, particularly since the zoning has 2 4g 1 allowed residential for over fifty years and there are currently only approximately 80 dwelling units in the Plan area. The majority of the 100 block of the east side of Richmond Street is a surface parking lot for the Chevron Refinery immediately to the south, and smaller Chevron parking lots also occupy the west side of Richmond and the100 block of Main Street. There are four small City owned surface parking lots with a total of approximately 115 parking spaces, which are open and free to the public, within and immediately adjacent to the Plan area. Parking requirements vary depending on the type of use, however within the Downtown additional parking must only be provided for new square footage, not for a change from one permitted use to another permitted use. The majority of the existing uses in the Plan area provide on -site parking; although generally it is limited to only 3 to 5 spaces per 25-foot-wide lot. The Plan proposes to continue this standard but also allow more flexibility in parking standards, allowing joint use, off -site and other creative parking solutions. The existing development within the Plan area is largely one to two stories in height, with a few three to four story buildings which step with the rolling topography. The current and proposed development standards allow 45 feet in height for construction. The total square footage of existing development within the Plan area is approximately 560,000 square feet with an average Floor Area Ratio (FAR) of approximately .5 with a range of approximately .2 to 1.5 FAR, not including residential density. The current and proposed standards allow an FAR of 1, although one strategic site, the City parking lot (17,500 square feet in area) in the 200 block of Richmond Street, (on the Northeast corner of Richmond Street and Franklin Avenue) is proposed to allow a 1.5 FAR. For the evaluation, a ten -year horizon was again used with a maximum buildout of 271,814 square feet of new commercial uses (in addition to the approximate existing 550,000 square feet), This is 24% of the maximum 1,123,848 square feet of total buiidout. The Downtown Specific Plan area is divided into five districts. The Main Street District is the Downtown core, the heart of the Downtown, and runs north and south along Main between Grand and Pine Avenues (Main Street 300 -440 blocks). The City Hall and Civic Center are located on the east side of Main Street, between Grand and Holly Avenues and face onto a wide variety of commercial uses, including retail, services, offices and restaurants. This area is bounded by the alleys to the east and west of Main Street, by Pine Avenue on the north and Grand Avenue on the south. Main Street has an 80 -foot right -of -way with 12 -foot sidewalks and 56 feet of paving, curb to curb. The majority of development is built along or near the front .property line, at one to two story heights. The Main Street Transitional District (MSTD) is located .adjacent to the north and south ends of the Main Street District described above. At the south end, the MSTD begins at El Segundo Boulevard and ends at Grand Avenue (100 -200 blocks); at the north end, it includes the one block area between Pine and Mariposa Avenues (500 block), This area is seen as an extension of and transition to the Main Street District, with less pedestrian orientated development and fewer pedestrian amenities. This area also has a wider variety.of uses, including a church, lodge, single - family residential uses, surface parking lots and light industrial uses, as well as some commercial uses. This area does not have the feel and character of the core of Main Street and it serves as a visual transition into and out of the Downtown core. The Richmond Street District is the "entertainment center" of El Segundo and is comprised of an eclectic mix of antique stores, bars, restaurants and the Old Town Music Hall (Richmond Street 109 -204 blocks). This street has a separate and distinct identity from Main Street. The oldest commercial buildings (developed in the teens and 20's) in the City are located along this street, This District is located one block west of and parallel to Main Street, from El Segundo Boulevard (south) to Grand Avenue (north).-Richmond Street has a 60 -foot right -of -way, with 3 43 1 ;1 10 -foot sidewalks and 40 feet of street curb to curb. Development along the street is located at or near the front property line and is one to two stories in height. The Richmond Street District and the Main Street District are alike in many ways however, these two districts are also dissimilar. First, Richmond Street is the older of the two and is distinctive in that regard, The area contains a number of small wooden and brick structures, the historic old jail, and the Old Town Music Hall. Secondly, Richmond Street is narrower than Main Street and traffic flow is considerably lighter. Not having a direct connection out of the City confines this street to local use. Thirdly, this street contains small restaurants and bars rather. than the extensive retail uses of Main Street, so this district's peak periods of'activity differ from those of Main Street. The North Richmond Street District is a mixture of retail, residential, church, offices and service uses (Richmond Street 300 block west side). Being north of Grand Avenue and physically separated from the 100 and 200 blocks of Richmond, the development is distinctly different. Additionally, the majority of the development in this northern area occurred in the 50's and 60's, While this block differs from the 100 and 200 blocks in that it is not historic, it is seen as having potential for similar type of businesses such as antiques, furniture, book and clothing stores. As an option, this area may instead be developed with Multi- Family residential uses (R -3) or a combination of Multi - Family with a small street front commercial component. The Multi - Family option would allow the construction of a maximum of 29 net new units (deducting the existing 23 units) at a density of 27 units per acre. This District immediately abuts Multi - family residential (R -3) uses and zoning to the west, across the alley. The Village is proposed for the east side of the 300 block of Richmond, which is the site of a former Ralph's Market, it also includes the parking lot and apartment building north of Ralph's. This site, about one and a half acres in size, is the only large contiguous parcel in Downtown that is suitable for the creation of a "village" ,atmosphere within the Downtown. The Village is envisioned as a pedestrian - oriented, mixed -use center of community - serving retail, housing, office, and community gathering and open space. This village could accommodate a small specialty market such as a health food store or one that serves neighborhood needs. Two locations for plazas have been identified. One is the existing plaza fronting Main Street at the Civic Center and the other is located to the rear of the Pursell Building, across the alley from the Village site. Plazas are intensively used gathering places and serve as the hub for neighborhood activity. They are designed to accommodate resting, eating, strolling and people Watching. Plazas are typically ringed by restaurants, galleries and other retail. uses. Food service and goods from portable retail wagons are often available within the plaza. The Vision Statement for the Downtown Specific Plan is as follows: Downtown is the heart of El Segundo. It is the focal paint for the community and one of the cohesive elements that ties the community together, The Vision for the Downtown is to: • Provide a better balance of uses. • Create a more thoughtful, and creative use of public space. • Organize creative and consistent programming of events and public activities. • Create a consistent public - private partnership to market El Segundo's assets to investors and customers. • Strengthen commitment to the strategic use of key parcels in the Downtown. • Create more attractive landscaping and street furnishings. • Improve signage. - 4 50 214 9. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings) The project area is located in the northwest quadrant of the City of El. Segundo. Surrounding land uses in the area are generally residential in nature, one to three stories in height. The surrounding area and project area is a fully developed urban environment. North of the Specific Plan area is the El Segundo High School campus, the library and Library Park. To the east and west of the 500 block of Main Street is a Two- Family Residential (R -2) Zone, developed mainly with duplexes and two - family dwellings. To the west of the Specific Plan boundary in the 400 block is mainly Multi - Family Residential (R -3) zoning, which is developed with small (3 -12 unit) apartment and condominium complexes. Further beyond the R- 2 and R -3 Zones is Single- Family (R -1) Residential zoning and development. To the west of the Specific Plan area, in the 100 to 300 blocks' On Concord Street, there are also a few parcels zoned as Downtown Commercial (C -RS), Neighborhood Commercial (C -2), and Parking (P). The development on these sites is also consistent with the zoning, and includes one to two stories, low- density (.5 to 1 floor area ratio) commercial construction, and a surface parking lot. To the east of the 400 block of Main Street is a Two - Family Residential (R -2) Zone, again developed consistent with the zoning designation. To the west of the 300 block is largely Multi - Family Residential (R -3), developed similarly to the areas to the west of the Specific Plan boundary. Additionally there are a few parcels zoned and developed as Parking (P) and Downtown Commercial (C -RS), similar to the property west of the Plan area. The east side of the 200 block is also zoned and developed as Downtown Commercial (C -RS), again with similar commercial uses and densities. To the east of the 100 block, on Standard Street, is a small industrial zone within the Smoky Hollow Specific Flan area with a zoning designation of Small Business (SB). The land uses in this area (light industrial, warehousing etc.) are consistent with the zoning. To the south of El Segundo Boulevard is the Chevron Refinery, which is zoned Heavy Industrial (M -2), consistent with the land use. All of the zoning designations on the surrounding properties are consistent with the General Plan land use designations, Residential and commercial construction dates from the early 1900's to the present day, offering a variety of architectural styles. There are no known endangered plant species associated with the proposed Specific Plan.area and none that are known to be associated with the immediate locale. Similarly, there are no known rare or endangered animal species associated with the area or its locale. No known animal life is located in the area. Further, there are no known agricultural, biological, or scenic resources of recognized value located within the Plan area nor in the immediate vicinity. 10. Other Public Agencies Whose Approval is Required (e.g., permits, financing approval, or participation agreement.); None. 5 51 ?15 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below (X) would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. On the basis of this Initial Study of Environmental Impact, the Planning Commission of the City of El Segundo finds the following: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potential significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (t) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. 1 find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. l James M. Hansen, Director of Community, Economic and Development Services; and, Secretary of the Planning Commission • vl ;; � v Date Pi 6 52 216 Aesthetics Hazards & Hazardous Public Services Materials Agricultural Resources Hydrology/Water Quality Recreation Air Quality Land Use /Planning Transportation/Traffic Biological Resources Mineral Resources Utilities /Service Systems Cultural Resources Noise Mandatory Findings of Geology /Soils Population /Housing Significance DETERMINATION: On the basis of this Initial Study of Environmental Impact, the Planning Commission of the City of El Segundo finds the following: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potential significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (t) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. 1 find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. l James M. Hansen, Director of Community, Economic and Development Services; and, Secretary of the Planning Commission • vl ;; � v Date Pi 6 52 216 IV. EVALUATION OF ENVIRONMENTAL IMPACTS 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project - specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project - specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project - level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than sign cant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact' entries when the determination is made, an EIR is required. 4) "Negative Declaration: Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section 17, '"Earlier Analysis," may be cross-referenced) 5) Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process; an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3) (d). In this case, a brief discussion should identify the following: (a) Earlier Analysis Used. Identify and state where they are available for review. (b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. (c) Mitigation Measures. For effects that are `Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site - specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The analysis of each issue should identify: (a) the significance criteria or threshold used to evaluate each question; and (b) the mitigation measure' identified, if any, to reduce the impact to less than significance. 7 53217 Issues and Supporting Information Pote°t�tialiy Less than Less Than No Impact Significant Significant Significant Impact With Impact Mitigation 1, AESTHETICS. Would the project: a Have a substantial adverse effect on a scenic vista? X The CR -S zone is completely built -out, with a variety of architectural styles, and there are no scenic vistas within the Plan area. The Plan will identify methods of creating more attractive entrances and parking areas for the street and alley areas, and encouraging fagade treatments. Creating more outdoor seating for restaurants and installing traffic calming improvements would encourage pedestrian activity from El Segundo's residents, to the benefit and viability of the local businesses located along the commercial streets. The Specific Plan program is intended to enhance the aesthetic quality of the Downtown commercial district, therefore, there are no negative impacts anticipated by the creation of the Downtown Specific Plan or its im lementation. b) Substantially damage scenic resources, including, but not limited to X trees,. rock outcroppings, and historic buildings within a state scenic hi hwa ? None of the above referenced resources exist in the El Segundo Downtown. The widening of the sidewalks may require the removal of the existing Ficus street trees. Any trees which are removed will be replaced with trees that are less damaging to the public right -of -way, while also maintaining the visibility of storefronts. This removal and installation program will be consistent with the Master Street Tree Plan. Tree species will be taken from the approved list of street trees for E€ Segundo. Although many of the buildings in the 100 and 200 block of Richmond Street may qualify as local Historic Buildings, none of the buildings have yet been designated as historic, and they are not located within a State scenic highway. If any buildings are designated as historic, or if a Historic District is created, as contemplated, then additional environmental review will be required. Therefore, there are no negative impacts anticipated by the creation of the Plan or its implementation. c) Substantially degrade the existing visual character or quality of the site X and its surroundings? One of the purposes of the Downtown Specific Plan is to identify current conditions that may be causing degradation to the Downtown District, and to propose solutions to remedy and improve the situation. As mentioned above, the Downtown District is comprised of many architectural styles, some of which are mixed uses, others are devoted entirely to retail use. Design Standards will improve the existing visual character of the project site. The possible construction of a two -story parking structure will not cause any visual degradation as the structure will be required to conform to the Design Standards and development standards included within the Plan. The preparation of a Downtown Specific Plan is not anticipated to cause degradation to an elements of the environment of the D77C777!�7TX� d}_ Create -a new-source of lubstan ial._ lightor _glare_,which- would.adversely affect da or nighttime views in the area? The installation of new street lights, twinkle or other decorative lighting, security and accent lights, will be a component of the new streetscape. The type of lights that could be installed has not yet been determined. However, footcandles, shielding, lumins, security and visibility will all be factors in determining the appropriate type of fixture for the Downtown. New lighting will be required to conform,tb the Design Standards and Development Standards, which address all of the factors discussed above, therefore there is no significant impact, 2. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the Califomia Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project? a) Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to X the Farmland Mapping and Monitoring Program of the California Resources Agenev to non -a ricultural use? None of the above mentioned agricultural resources are located within or near the flan area. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? X None of the above mentioned agricultural resources are located within or near the Plan area. c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non- X agricultural use? There are no a ricultural resources within the project area or the sur ounding area. 3. AIR QUALITY:.. Where available, the significance c established by the applicable air quality management or air ollution control district ma be relied u on to llowin determinations. Would the oroiect: 8 54 Z 1 8 Issues and Supporting Information Potsnaaily Less than Less Than No Impact Significant Significant Significant Impact With Impact Mitigation a) Conflict with or obstruct implementation of the applicable air quality X plan? The land uses and densities proposed in the Plan area do not exceed those standards that are already existing and permitted, with a few exceptions. The City parking lot in the 200 block of Richmond Street is proposed to allow a density of 1.5 FAR, (.5 higher than the current allowed FAR) which will allow an additional 8760 square feet of mixed use development. The increase in density from 1 to 2 residential units per 25 foot wide lot would potentially increase the number of dwelling units in the Plan area by a maximum of 150 additional units (See project description). Approximately 46 lots within the Plan area are City owned or Chevron parking lots. As these lots are required to meet the parking demands of the-Downtown, and the Code.required parking for Chevron, it is not anticipated that they will be developed with residential units. The SCAQMD thresholds indicate that projects which exceed 261 apartment units, or 297 condominium units would potentially have significant air quality impacts. It is anticipated that any new residential development in the Plan area would be condominium development, consistent with current development over the past several decades, however it is possible that apartment construction could occur. Since the maximum net increase in residential units does not exceed either of these two SCAQMD threshold numbers, there will not be a significant impact. Therefore, air emissions from the maximum net increase of density for the project, compared to the density currently allowed, would not exceed the South Coast Air Quality Management District's (SCAQMD) CEQA Air Quality Handbook thresholds Tables 6 -2 and 6 -3 for si nificant air quality impacts. for construction or o erations. b) Violate any air quality standard or contribute substantially to an existing X or. rgjected air quality violation. As discussed above, the project will not exceed the Southern California Air Quality Management Plan standards or thresholds of significance. The roadways and intersections within the Specific Plan area currently operate at Level of Service (LOS) A, B and C. Even with increased density,. maximum build- out.and reconfiguration of Main Street from four to three lanes, the roadways and intersections will not have a significant impact, with mitigation to the intersection of Main Street and Imperial Highway. All intersections are anticipated to be able to handle the traffic volumes, and therefore there are no traffic related air quality impacts. Parking is currently more than adequate in the Plan area and vehicles do not slow down, make frequent stops or recirculate throughout the same streets searching for a available parking. Implementation of the Plan will continue to provide adequate parking, although more flexibility in parking standards will be provided, as previously discussed in the project description. Additionally, any traffic improvements will be designed so they enhance and encourage a pedestrian environment, which will potentially decreasing vehicle miles traveled and cold starts, thereb decreasinci air emissions. c) Result in a cumulatively considerable net increase of any criteria X pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone ! See a and b ) above. d Ex ose sensitive rece tors to substantial pollutant concentrations? Although there are land uses which may have sensitive receptors within and adjacent to the Plan area, such as churches, daycares and schools, since the project will not exceed the SCAQMD thresholds, as -discussed above, there will be no si nificant imparts. LCreate biectionable odors affec #in a substantial number o f eo ale? X may be created by the implementation of the Plan may increase due to an increase in the number of and the slight increase in density. However, regulations imposed upon food serving businesses are required ith SCAQMD requirements. No significant changes in dust, ash, smoke, or fumes are expected. Therefore, no acts are antici aced to occur. 4. BIOLOGICAL RESOURCES. Would the ro'ect: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U. S. Fish and Wildlife Service? ite uowntown zipecitic Plan area is completely build -out; there are no biological resources within the Plan area or surrounding areas to imoact. ui ndve a supstantimy aoverse effect on an ri Arian habitat or other 9 2 �9 Ll Issues and Supporting Information Potentially Less than Less Than No impact Significant Significant Significant Impact With impact Mitigation sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U. S. Wildlife Service? See a above. c) Have a substantial adverse effect on federally protected wetlands as X defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, h drolo ical interru tion, or other means? See a above. d) Interfere substantially with the movement of any resident or migratory X fish or wildlife species or with established native resident migratory wildlife corridors, or impede the use of native wildlife nurse sites? See a above. e) Conflict with any local policies or ordinances protecting biological X resources, such as a tree nrpqervation policy or ordinance? The City of El Segundo does not have a tree preservation policy. The Ficus street trees are proposed to be removed throughout the City in the areas where they are causing significant infrastructure (curb, sidewalk, gutter and utility), damage, consistent with the Master Street Tree Plan. Many of the Ficus trees within the Plan area are anticipated to be removed. Any trees removed will be replaced with mature trees, which will cause less damage and provide more visibility to building facades. Tree removal and replacement is anticipated to be phased to minimize the visual impact. Any vegetation which is removed, and replaced, would not be considered a biological resource, as they are non - native Laabove ith the provisions of an adopted Habitat Conservation Plan, X onservation Community Plan, other approved local, regional, abitat conservation plan? 5. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical X resource as defined in Section 15064.5? Although there are no buildings that are officially listed and categorized as historical, either locally or by the State, several buildings in the 100 and 200 blocks of Richmond Street, have significant local historical value. The Plan in and of itself would not severely affect the quality or quantity of these buildings, since it is anticipated that much of the original architecture will be preserved. The Plan proposes the establishment of incentives and dis -incentives to encourage the preservation, maintenance, and enhancement of the historical character of the area. The Plan also proposes the establishment of Historical Standards'with design review for new construction, so that it will blend with the existing old construction, maintaining the "Old Town" feel of the area. Design review is also part of the Plan, which will assist in minimizing any potential impects. f=ascia easements may also be a mechanism to preserve the existing architectural styles. There are no significant impact anticipated due to the inclusion of the above mentioned comp. nents of the Plan. b) Cause a substantial adverse change in the significance of an X archaeolo ical resources ursuant to Section 15064.5? There are no known or anticipated archeological resources within the Plan area. Should any previously unrecorded archaeological or paleontological resources be encountered during the construction of any projects within the Plan area, all work will be stopped and a qualified archeologist will be consulted to determine the potential significance of the find, in accordance with the State CEQA Guidelines. c) Directly or indirectly destroy a unique paleontological resource or site or X unique geologic feature? Paleontological resources have not been identified in the Downtown, and are not anticipated to exist, particularly since the development of the majority of-the, area occurred at a time when such resources would not be considered significant (i.e. early to mid 1900's). There are no unique geologic features, as the area is fully developed and was sand dunes prior to development. However, if any archeological or paleontological resources are encountered during any construction, a uaiified expert will be required to investi ate, in accordance with CEtDA and other State uidelines and rovisions. d) Disturb any human remains, including those interred outside of formal cemeteries? X There is no indication that there are any human remains within the Plan area. 6. GEOLOGY AND SOILS. Would the twoiect- 10 56 220 Issues and Supporting Information Potentially Less than Less Than No Significant Significant Significant Impact With Impact Mitigation a Ex ose eo le or structures to atential substantial adverse effects, includin the risk =ordealh ` (i) Rupture of a known earthquake fault, as delineated on the most recent Alquist - Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Geologically, the area is not on or near to any known active or potential major fault lines. However, the entire Plan area is subject to seismic shaking and is potentially at risk of serious damage and possible bodily injuries, just as all of Southern California. However, the masonry buildings constructed before 1933 have been seismically retrofitted and upgraded in accordance with standard Code requirements. Some of the masonry buildings constructed after 1933 have also voluntarily been seismically reinforced. Since all new buildings must comply with the California Building Code and lending institutions are requiring seismic retrofitting it is anticipated that no significant impacts would occur with moderate earth luakes events. ii Strong seismic ground shaking? X All buildings in the area have, and will continue to, experience significant shaking in the event of a major earthquake, just as all of the seismically active Southern California region experiences earthquakes. Many of the older masonry buildings have been seismically rehabilitated, or were constructed subsequent to the 1933 Long Beach earthquake. Should intensification of uses occur in existing buildings, seismic rehabilitation would be required, in accordance with standard Code regulations. New buildings would comply with current Uniform Building Code (UBC) and El Segundo Municipal Code regulations. Therefore, no significant impacts are anticipated as a result of the adoption and implementation of this Plan. iii Seismic - related pround failure, including liquefaction? X The Plan area is-identified within the City's General Plan as being an area with medium liquefaction potential, primarily due to the sandy soils. Corn fiance with standard Codes for new construction will ensure no si nificant im acts. iv Landslides? The Plan area is not identified within the City's General Plan as an area that is subject to landslides, soil erosion oZoss of topsoil. The groundwater level in the Plan area is approximately 8 feet below the surface. There are some significant topographical changes in a few isolated areas of the Plan, however these are existing and have been for decades and have not experienced any landslides, soil erosion, loss of topsoil or ground movement. Any new grading or construction on slopes will need to comply with standard Code criteria in order to ensure slope stability and erosion control and therefore there are no significant impacts. b Result in substantial soil erosion or the loss of topsoil? See a iv above. X (c) Be located on a geologic unit or soil that is Unstable, or that would become unstable as a result of the project, and potentially result in on- X or off -site landslide, lateral spreading, subsidence, liquefaction'or See a iv abova. (d) Be located on expansive soil, as defined in Table 18 -a -B of the Uniform Building Code (1994), creating substantial risks to life or property? X The soil in the Plan area is mainly Oakley Fine Sand, with the 200 and 300 blocks of Richmond Street containing Ramona impacts. Loam. Neither of these soil types are expansive, generally clay soils are expansive, and therefore there are no significant (e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the dis osal of waste water? X There are sewer systems available throughout the Plan area and the El Segundo Municipal Code requires that all water disposal systems be connected to the sewers. Septic tanks or similar systems, which are not connected to the sewer system, are not permitted . Therefore, there are no impacts. 7 uw�. • . • UP%&- a m"LJ I #4J-.AKL)UUb MATERIALS. Would the ro @Ct? a) Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? See d) below. X 11 2 251 Issues and Supporting Information Potentially �5 than Le Than No Impact Significant Significant Significant Impact With Impact Mitigation b) Create a significant hazard to the public or the environment through X reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment? Seed below. c) Emit hazardous emissions or handle hazardous or acutely hazardous X materials, substances, or waste within one - quarter mile of an existing or proposed school? Seed below. d) Be located on a site which is included on a list of hazardous materials X sites compiled pursuant to Government Code Section 65962.5 and, as a result would it create a significant hazard to the public or the environment? According to the most recent California Department of Toxic Substances Control (DTSC) Hazardous Waste and Substance Sites List, dated April, 1998, there are no such sites in the Plan area. There are no other known potentially hazardous sites in the Plan area. The Plan anticipates that development would continue to utilize common cleaning solutions and other common materials used in business and residences, disposed of in accordance with applicable statutes. The use of these materials would not be considered to be a significant increase over existing circumstances. Based ran the amount of hazardous materials stored, the nature of the packaging, the materials involved, and the individual businesses' compliance with applicable regulations, the risk from development in the Plan area is considered minor. Based on the foregoing, the proposed Plan will have a less than significant impact regarding the use, disposal, or release of potentially hazardous materials and no mitigation is required. e) For a project located within an airport land use plan or, where such a X plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the proiect area? The Plan area is approximately one-half mile south -of Los Angeles International Airport (LAX). As_the.propased level of development aid -tfle types of permuted land uses are consistent with what is already existing in the area; it is not anticipated that there will be any safety hazards associated with im lementation of the Plan. f) For a project within the vicinity of a private airstrip, would the project X result in a safety hazard for people residing or working in the project area? The Plan -area is not within the vicinity of a private airstrip. g) Impair implementation of, or physically interfere with an adopted X emerUency response plan or emergency evacuation plan? Currently, the Plan area is accessible to emergency vehicles via Main and Richmond Streets and Grand Avenue. Based on traffic volumes detailed in the Circulation Element Traffic Impact Study, no unmitigated traffic impacts are foreseen with development in the Plan. Evacuation plans and procedures would be incorporated into building and site design. Therefore, implementation of the Plan is not expected to interfere with emergency response or evacuation plans and no mitigation is required. h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? The Plan area is not within or adjacent to any areas which may have wildl 8. HYDROLOGY AND WATER QUALITY. Would the project: a Violate any water quality standards or waste discharge requirements? See 0 below. 12 therefore there are no X X Issues and Supporting Information b) Substantially degrade groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not. support existing land uses or planned uses for which ermits have been granted)? See ' below. c) Substantially alter the existing drainage -pattem of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off - site? See below. d) Substantially alter the existing drainage pattem of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or surface runoff in a manner which would result in flooding on- or off site? See below. e) Create or contribute runoff which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? See " below. f)_ Otherwise substantially degrade water quality? Seed below. g) Place housing within a 100 -year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? See ' below. h) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? See ' below. i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? See j) below. Inundation b seiche, tsunami, or mudflow? 13 Significant Impact han Less Than No Impact cant Significant E Impact tion orated 223 WE X X X X " X X X X X Issues and Supporting Information Significant Impact Less than Less Than No Impart Significant Significant with Impact Mitigation Inca rated The Plan area is located within an urbanized environment, and is not near any - surface water bodies, rivers, streams, . levees, or dams or within a flood plain designated by the Federal Emergency Management Agency or in any areas subject to flooding. Existing absorption rates and drainage patterns would not be expected to change significantly, as future construction would increase only slightly the amount of impervious surfaces presently located on -site. New landscaped areas would permit some additional surface water absorption. Given there would be no increase in imperviousness, drainage volumes would not increase. Surface water run -off generated by new development in the Plan area would continue to be collected by storm drains located along Main and Richmond Streets and Grand Avenue and directed via culverts to the Pacific Ocean. Any new development in the Plan area of significant size would require that site run -off and absorption rates will be calculated and analyzed by a licensed civil engineer who would develop a design to facilitate drainage via the existing storm sewer system adjacent to the site. Any improvements would be required to be completed by development applicants. New development will be required to comply with the City's Storm Water and Urban Runoff Pollution Prevention Control Ordinance (No. 1235) and the Water Conserving Landscape Ordinance (No. 1194) and Resolution (No. 3806). A National Pollution Discharge Elimination System (NPDES) Permit from the State Water Resources Control Board would be required for development on any site that is more than 6 acres in size. During future construction the displacement of earth could temporarily cause a change in drainage patterns. New patterns will be established once the project is completed. All runoff during and after construction will be required to drain into storm drainage facilities in accordance with plans and permits approved by the Departments of Community, Economic and Development Services and Public Works. Adjacent properties will be protected from flooding and erosion in accordance with standard code requirements. Significant impacts to water availability are not anticipated, While the proposed project would represent a continuation of the region's urbanizing trend, only minor increases in currently allowed densities are anticipated, as previously discussed. The Plan would not result in significant impacts to ocean or groundwater quality, absorption rates, drainage patterns, surface water run -off, or the amount of available water. There are no new impacts anticipated or associated with the proposed project and no mitigation_ beyond the standard permits is required. 9. LAND USE AND PLANNING. Would the ro'ect: a Ph sicall divide an established communit ? There are no changes in the Plan area that would divide an established community. The Plan will enhance the existing Downtown area, rovidin a focal oint,� and het to further unite the existin small town atmos here of the commun`rt . b) Conflict wi #h an applicatale land use plan, policy or regulation of an _ agency with jurisdiction over the project {including, but not limited to the y. general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? 14 2 2A Issues and Supporting Information PLess than Less Than No Impact Significant Signifi cant With Impact Mitigation The proposed Downtown Specific Plan will provide the land use and development standards for the Plan area, replacing the current Downtown Commercial (C -RS) and Public Facilities (PF) Zoning and land use designation. Conformance with the General Plan is a policy issue which is determined at the discretion of the Planning Commission and the City Council. The Zoning and Municipal Codes incorporate many requirements which will help to mitigate any potential General Plan conflicts such as landscaping, underground utilities, Transportation Demand Management (TDM) strategies, water conservation and storm water control. As previously discussed, the existing land uses surrounding the Specific Plan area consist of residential, commercial and light industrial uses. The project is not expected to produce significant impacts in the pattern or scale of existing - development within the Plan area or in its vicinity. The new Plan retains the existing land use pattern, with only minor revisions, which was already established when the City adopted the Zoning Code and General Plan, and which has been in existence for more than 50 years. The Plan contains an overall Vision Statement which sets forth the goal of keeping the Downtown area as a small town community center. The Plan has policies that are designed to help the City achieve this goal. These policies address land use, building and design provisions, parking and traffic, and other issues. All these policies are designed not to alter the present land use pattern, but instead to enhance it, c) Conflict with any applicable habitat conservation plan or natural I'll EPIan 4.. communities conservation Plan? There are no habitat conservation or natural communities conservation plans within or near the Downtown Sp area, therefore there are no conflicts. 10. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would X be of value to the region and the residents of the state? The proposed Project would not impact the community with respect to the consumption of renewable and non - renewable natural resources in the form of building materials during any future construction, and operation of arty business within the Plan area. Increased development in the Plan area water and fossil fuels during would result in an insignificant increase in the consumption of natural resources including fossil fuels in the form of electricity and natural gas since only minor increases above the existing density are proposed. Increased consumption is expected to be marginal and would be considered insignificant relative_ to cumulative consumption volumes throughout the City of El Segundo and the airport area as a whole. Development in the Plan area would be expected to consume natural resources at relatively low rates compared to the current allowed density, and impacts to energy and mineral resources would therefore be considered insignificant. It 'is: anticipated that existing supplies and infrastructure are adequate to meet an demands for water and wastewater facilities. in addition, developmenf within the Plan area woulpotential coply additional' all applicable statutes and regulations set forth In the Uniform Building Code, and all applicable State resource conservation measures. Southern California Edison Company and the Gas Company are the suppliers of electricity and natural gas to the Plan area. Existing fuel supplies and infrastructure are adequate to meet the minor increase in density. Development within the Plan area would comply with all applicable statutes and regulations set forth by the respective energy companies, in addition to all applicable State energy conservation measures. Therefore, the proposed Speck Plan is not expected to result in significant increases in fossil fuel consumption or to produce any significant impacts upon the use, extraction or conservation of any natural resources, and no mitigation is required. u) mesua in ine loss of availability of a locally - important mineral resource recovery site delineated on a local general plan, specific plan or other X land use pla n? There are no known mineral resources within the Plan area, or any mineral resource recovery sites delineated on any local eneral, s ecific or other land use plan. 15 2 2A Issues and Supporting Information Pots dally Less than FS s Than No impact Significant Significant nificant Impact With act Mitigation 11. NOISE. Would the ro ect result in: a) Exposure of persons to or generation of noise levels in =ordinance, X standards established in the local general plan or noise applicable standards of other agencies? Seed below. b) Exposure of persons to or generation of excessive groundborne X vibration or grou ndborne noise levels? Seed below. c) A substantial permanent increase in ambient noise levels in the project X vicinity above levels existing without..the roject? See d) below. d) A substantially temporary or periodic increase in ambient noise levels in X the project vicinity above levels existing without the project? No significant increase in the existing noise levels is anticipated, since the land use pattern is already established and the Plan area is developed. Future development is anticipated to be consistent with this existing land use pattern. Although the project site is developed, it is anticipated that business uses will change over a period of time. Today, one source of noise in the Downtown is that of the existing bars and restaurants_ Any new bars require a conditional use permit. Thus, the noise issue will be addressed through the individual application review process. All businesses must comply with the noise standards in Chapter 9,06. It is anticipated that there will be a slight increase in long -term ambient noise levels resulting from increased patronage of businesses within the Plan area. Increases in customer and employee activity is directly related to the economic health of the business district and cannot be predicted at this time. However, any increase in noise level is not anticipated to be significant. Exposure of people to severe noise levels is not anticipated to result from the adoption of the Plan and related implementation ordinances. Reconstruction of existing buildings within the Plan area is anticipated to occur. This would result in a short -term increase in noise levels from typical construction- related noise. Construction and related noise is limited by the City of El Segundo Municipal Code, Chapter 9.06. Noise and vibration effects on the surrounding land- uses,are analyzed for.both short-term construction activities and -long -term operation of businesses within the Plan area. Construction activities for any new development in the Plan area are. anticipated to be short-term in nature (approximately 6 to 12 months in duration) and will occur only between 7 a.m. to 6 p.m. Monday -- Saturday as allowed by City regulations. In addition, vibration attributable to construction activities is expected to be minimal due.to the type of construction equipment generally employed for development of this nature. Therefore, there are no impacts. e) For a project located within an airport land use plan, or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the roiect area to excessive noise levels? See f) below. X f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive X noise levels? The Plan area is approximately one -half mile south of Los Angeles International Airport (LAX). The area is in the 65 CNEL noise contour, which is not considered a severely impacted noise area. The types of land uses proposed within the Plan area are alread existin , are enerall not sensitive to noise. There are no noise impacts with the ro posed Plan area. 12. POPULATION AND HOUSING. Would the prolecu a) Induce substantial population growth in an area, either directly (for X example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure ? See c ) below. b) Displace substantial numbers of existing housing, necessitating the construction of re lacement housing elsewhere? X 16 2�26 Issues and Supporting Information Potentially Less than F an No Impact Significant Significant cant Impact With Mitigation See c below. c) Displace substantial numbers of people, necessitating the construction — X of replacement housing elsewhere? In 1997, the City of El Segundo had a permanent _ population of approximately 16,250 and �adayttime population of approximately 75,000. This resident to employee ration has contributed to a relatively high demand for housing within the City. In 1996, a total of approximately 7,325 dwelling units existed in El Segundo. All residences in the City are located west of Sepulveda Boulevard, while non-residential; uses are located predominately to the east of Sepulveda Boulevard. New development within the Plan area will bring minimal new employment and a maximum of 150 housing units to the area. is not anticipated to add significantly to the overall daytime population of the entire City. The project is not expected to induce substantial growth as the densities proposed are similar to what is currently.allowed and the increase in residential density is not significant compared to the overall number of dwelling units in the City. The project will not displace existing housing or people as no demolition of existing housing is anticipated. No significant impact is anticipated. 13. PUBLIC SERVICES, Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance.objectives for any of the Public services: a Fire protection? X See e) below b Police rotectioh? X See a below c Schools? See a below X d Parks? See a below X e Other public facilities? X 17 2 2J3 Issues and Supporting Information Significant Impact Less than Significant With =Sip�ifficant Mitigation Mco ,,icd The approval and implementation of the Plan will not result in the need for new or altered fire or police protection services, since the project covers an already developed portion of the City. The proposed Plan is not anticipated to impact the demand for municipal services. Police and fire services to the Plan area are provided by the City of El Segundo Police and Fire Departments. Water and park services are also operated by the City of El Segundo. Sewer demands for the proposed project will continue to be accommodated by Los Angeles County Sanitation District sewer lines and will be treated at the Hyperion Treatment facility in the City of Los Angeles. School services are provided by the El Segundo Unified School District. In the future, as new development occurs, upgrades in fire protection systems and seismic retrofit programs could reduce the demands upon the Fire Department. Some existing land uses within the Plan area require a greater level of police protection than others. Bars and restaurants with liquor licenses or entertainment have been known to require additional police protection. The new Plan will continue to require conditional use permits for bars and special permits for entertainment and amplified sound. Any sale of alcohol requires an Administrative Use Permit, which is discretionary. The need for any additional police protection can be addressed, if necessary, through the project specific application process. There is minimal residential development within the Plan area. Any increase in schoolage children in the Plan area that may occur with the adoption and implementation of the Plan is anticipated to be minor, as any new residential development is anticipated to be minor and not a significant impact. Residential development within a mined -use environrrierlt tends to attract smaller households without school age children. All parks and other recreational facilities adjacent to the Plan area are to be retained. The Plan area itself does not contain any parks or recreational facilities so there are no proposed changes to these facilities. No additional facilities will be required due to the adoption of the Plan and implementation program, because the project will not result in a significant increase in population or employment. No impacts to other public or governmental facilities are anticipated as the result of the proposed project. 14. RECREATION. a) Would the project increase the use of existing neighborhood or regional parks or other recreational facilities such that substantial physical deterioration of the 'facility would occur or be accelerated? The project is not anticipated to significantly increase the use of any existing recreational facilities as any increase in employment or population in the Plan area will be insignificant, as previously discussed. b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? All parks and other recreational facilities adjacent to the Plan area are to be retained. The Plan area itself does not contain any parks or recreational facilities. There are no proposed changes to the existing recreational facilities in the surrounding area. No additional facilities are proposed or will be required due to the adoption of the Plan and im cementation pro9ram, because the project will not result in a significant increase in PODUlation or employment. 15. TRANS PORTATIONfTRAFFIC. Would the ro'ect: a) Cause an increase in the traffic which is substantial in relation to the X existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to ca acct ratio on roads, or con gestion at intersections)? 18 228 .11 X X Issues and Supporting Information Potentially l ss than less rnan 7-No-Impact Significant Significant Significant Impact With Impact Mitigation The roadways and intersections within the Specific Plan area, currently operate at Level of Service (LOS) A, B and C. As evaluated in the Circulation Element update, even with increased density, maximum build -out, and reconfiguration of Main Street from four to three lanes, the roadways and intersections will not have a significant impact, with miti ation. One intersection, Imperial Highway and Main Street (outside of the Plan area), would require intersection mitigation, including striping, signalization modifications, and possibly other minor improvements. The westbound left -tum and eastbound right -turn volumes currently are very high. This intersection currently operates at LOS E, and the increase in density in the Downtown would slightly worsen the condition. With a-three -lane configuration, one through lane would be provided in each direction on Main Street and the third lane would be a center left -turn lane. A two -lane configuration was evaluated but is not proposed as there are potentially significant impacts with two- lanes. Additionally, the Circulation Element evaluates the.possibility of reclassifying Main Street from El Segundo Boulevard to Grand Avenue from Secondary Arterial to Collector Street. The evaluation concludes that it would be appropriate instead to identify a new street classification, "Commercial Collector", as the existing roadway for the entire length of Main Street is inconsistent with the existing classifications. Main Street is currently designated as a four -lane collector from Grand Avenue to Imperial Avenue, with a curb to curb width of 56 feet and a right -of way width of 80 feet. The new classification would only be for Main Street and would accommodate the proposed three -lan e. configuration as well as the existing four -lane configuration, which will remain outside of the Specific Plan area. The traffic analysis that was prepared for the Circulation Element is considered to be worse case scenario as the entire C -RS zone was evaluated, not just the Plan area. 2.29 . 19 65 Issues and Supporting Information Potentially Less than Lass Than No Impact Significant Significant Significant Impact With Impact Mitigation b) Exceed, either individually or cumulatively, a level of service standard X established by the county congestion management agency for designated roads or highways? The nearest CMP designated roadway is Sepulveda Boulevard. The traffic study that was prepared for the City's Circulation Element update indicates that there will be no significant impact to any CMP routes as the Plan area is located almost 1 mile west of this nearest route. c) Result in a change. in air traffic patterns, including either an increase in X traffic levels or a change in location that results in substantial safety risks? As previously discussed, the Plan will not significantly increase allowed density and the traffic study for the Circulation Element indicated there are no significant impacts with -the implementation of the Plan. The type of land uses that are existing and proposed are neighborhood serving and are not expected to generate additional airport traffic which would impact air traffic patterns or result in a substantial safety risk. d) Substantially increase hazards to a design feature (e.g., sharp curve or X dangerous intersections ) or incompatible uses (e.g. farm a ui ment ? Currently there are no design features which are hazards. Proposed traffic improvements will not create any new hazards and are anticipated to improve safety as the emphasis will be on improving and enhancing pedestrian circulation without ng2atively impacting vehicular_ circulation. There 'are no incompatible land uses in the vicinit . LbeResult in inade uate timer enc access? y modifications to roads or alleys will be designed to accommodate emergency vehicles in accordance with standard de requirements. As the level.of new development that.is proposed with Plan implementation is minimal, there will not an si n ificant im ants Result in inadequate arkin ca aci ? The Plan proposes to provide more flexible parking standards in order to take advantage of the existing abundant parking supply. Joint -use, shared, structured and off -site parking and other solutions are potentially proposed in order to better manage parking. A Parking Management Plan, to be included within the Specific Plan, will ensure that existing and new arkin facilities are adequate to serve an new development within the Plan area. g) Conflict with adopted policies or programs supporting alternative X trans ortation e. ., bus turnouts, bic ycle racks)? The Plan will enhance and expand existing alternative transportation by providing additional or improved bus - tumouts and bike racks. 16. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality-Control Board? X See below. b) Require or result in construction of new water or wastewater treatment X facilities or expansion of existing facilities, the construction of which could cause si niflcant environmental effects? See below. c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which X could cause significant environmental effects? See below. d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded X entitlements needed? See below, e) Result in a determination by the wastewater treatment provider which services or may serve the project determined that it has adequate X capacity to serve the project's projected demand in addition to the —provider's existing commitments? See below. f) Be served by a landfill with sufficient permitted capacity to accommodate the P roiect's solid waste disposal needs? X 20 Z Issues and Supporting Information Potentiany Less than lass Than No Impact Significant Significant Significant Impact With Impact Mitigation See g) below. g) Comply with federal, state, and local statues and regulations related to solid waste? X Existing utility infrastructure beneath Main and Richmond Streets and Grand Avenue, and the abutting alleys, includes electricity, natural gas, telephone, cable television, water, sewer and storm drain lines. Utility services for any future development in the Plan area would be provided by the appropriate purveyors, including. Southern California Edison Company, The Gas Company, Pacific Sell, Paragon Cable, and the City of Ei Segundo Water and Wastewater Division. Solid waste disposal is provided to commercial users by a variety of private haulers. The City of El Segundo provides residential solid waste service. Development within the Specific Plan Area would contract with a provider. Landfill capacity for the planning term (1 g years) is adequate for assumed population and commercial growth within Los Angeles County. f=uture development and implementation of the Plan would not exceed any assumptions for either population or commercial growth in the region. The impacts of the Plan on utility systems is minimal. Developers would required to submit all registration forms required for service connections in the plan area, and would adhere to all applicable utility permit guidelines and restrictions. Water utility service is� provided by the City of El Segundo Water Department which purchases water from the West Basin Municipal Water District (WBMWD). WBMWD recently completed the largest water reclamation facility in the State located in El Segundo, which provides water to a number of commercial, industrial and park users. It would be feasible at this time to connect to reclaimed water supplies, as reclaimed water facilities are located within a few blocks of the Plan area. Therefore, development and implementation of the Plan is not expected to generate the need for new utilities, nor would it cause significant alterations to existing utilities: 17. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife X species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or Drehi.tnrV? See c below. - b) Does the project have impacts that are individually limited., but cumulatively considerable? ( "Cumulatively considerable" means that .X the_ incremental effects of a project are considerable when viewed in connection with the effects of the past projects, the effects of other current projects, and the effects of robable future ro'ects ? See c ) below. cj Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or X indirect) ? The proposed project is on almost fully developed sites located in an urban setting. Based on the analysis above, the project does not have the potential to degrade the quality of the environment. There are no foreseeable negative cumulative impacts associated with the proposed project or no environmental effects that will have an adverse effect on human n beinn s. ff Mitigation Measure: Intersection improvements, including striping, signalization modificiitions, and possibly other minor improvements, shall be required at Imperial Highway and Main Street, when the level of new development dictates that it is necessary in order to mitigate project impacts. 21 231 Issues and Supporting Information Source List: rownnaiiy Less than Less Than I No Impact Significant Significant Significant Impact With Impact Mitigation 1) City of E1 Segundo Subdivision and Zoning Code — Titles 19 and 20 —1993, as amended. 2) City of El Segundo General Plan — 1992, as amended. 3) City of El Segundo General Plan Existing Conditions Reports — April 1992 4) City of El Segundo Circulation Element Update Technical Report — Meyer, Mohaddes Associates, Inc. — February 2000 5) California Department of Toxic Substances Control (DTSC) Hazardous Waste and Substance'Site List — April 1998 P:\Planning & Building Safety\Ketz\IS- 99.2.doc i- 22 232 68 EL SEGUNDO PLANNING COMMISSION MEETING DATE: April 13, 2017 AGENDA STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action regarding Environmental Assessment No. EA -1184 and Specific Plan Amendment No. SPA 17 -01 to amend the Downtown Specific Plan by: 1) Removing the requirement that upper -floor residential occupants must also be commercial tenants or owners of the business below; and 2) Clarifying language regarding residential density and height limits. (Fiscal Impact: None) RECOMMENDED PLANNING COMMISSION ACTION: It is recommended that the Planning Commission open the public hearing and take public testimony on the project; close the public hearing and consider the evidence; and, adopt Resolution No. 2814 recommending that the City Council a) adopt Addendum No. 1 to an approved Mitigated Negative Declaration and, b) adopt an Ordinance amending the Downtown Specific Plan regarding residential uses; or, alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Planning Commission Resolution No. 2814 Exhibit A - Addendum to EA/MND Exhibit B — Draft Ordinance 2. Draft Downtown Specific Plan (strikeout /underline) ORIGINATED BY: Russell Toler, Contract Planning Technician REVIEWED BY: Paul Samaras, Principal Planner REVIEWED BY: Gregg McClain, Planning Manager APPROVED BY: Sam Lee, Director of Planning and Building Safety I. INTRODUCTION: The proposed project is an amendment to the Downtown Specific Plan. The amendment would remove residency restrictions on upper -floor residential units in all six districts. In addition, the amendment would bring related language into consistency with the proposed change, and clarify the existing limits to residential density and to building height. II. BACKGROUND AND DISCUSSION: Background The Downtown Specific Plan (DSP) was adopted in August of 2000 in order to implement a community vision for the downtown area through development and design criteria. Since 2003 (the earliest year that staff can query permit records), there were three instances of new construction, four additions, and seven changes of use within the Plan area. There are currently .• 86 residential units and 202 commercial units within the DSP area. The great majority of existing residential units date from before the adoption of the DSP, and are therefore permitted to continue as nonconforming residential units without restrictions. The current density standard was determined to allow a maximum total of 276 residential units within the plan area. On December 12, 2016, the applicant initiated the process to amend the DSP. The applicant represents a prospective buyer of the property at 121 -127 Richmond Street. The proposed Ordinance, if adopted, would remove the existing DSP requirement that upper -floor residential occupants must also be tenants or owners of the business below. Other amendments are proposed as well to ensure clarity and consistency with the removal of the owner- occupancy requirement. DSP section VI (Development Standards) lists "Business tenant /owner - occupied residential units" as a permitted use. This use is listed in each of the six districts within the DSP, and is allowed only "above street -front level ". Therefore, upper -floor residential units are permitted within the DSP, provided that they are occupied by either the tenant or owner of the ground -floor business. Based on review of available records it appears that the existing DSP language was intended to address potential parking impacts, as evidenced by DSP section VII regarding residential parking requirements, which states: a. Residential Uses: i) Dwelling units /Live /work -No additional parking required. People who occupy the residential units will be the ones working in the commercial units, therefore, additional parking spaces would not be needed. This is based on the assumption that such an allowance would not affect parking. Specifically, since parking is already required for commercial space, additional parking is not necessary for someone who works in that space and resides upstairs. Staff believes that this requirement severely reduces the number of potential downtown tenants and is a deterrent to development, which could explain the small number of residential units developed downtown since the adoption of the Plan. Further, the restriction places a burden on property owners who, in order to fill their units must find people willing to lease both the commercial and residential units together. The proposed amendments would continue to allow residential uses on the upper floor, above commercial uses, without changing the parking requirements. The proposed amendments would only remove the requirement that upper floor residential units be occupied by the tenant or owner of the business below. Options regarding _ arkiii : Planning staff recommends that the zero parking requirement for DSP residential units should be maintained for the following reasons: 1. The capacity for residential units within the plan area is not changing. Buildout will still consist of the same number of residential dwelling units. 2. Land Use Element Objective LU44, states that the City should "Provide areas where development has the flexibility to mix uses, in an effort to provide synergistic relationships which have the potential to maximize economic benefit, reduce traffic impacts, and encourage pedestrian environments." The downtown area is the most 2 70 obvious part of the City for such an environment. Requiring parking for residential units works in opposition to the objective by facilitating auto - dependency. 3. Required parking spaces take away from the buildable and leasable area of downtown properties, which can discourage development. The proposed Ordinance includes the zero parking requirement for the reasons discussed above. An alternative option would be to remove the owner- occupancy requirement, but impose a new parking requirement for new (newly constructed or newly converted) residential units at a rate of one space per unit. In the event that a developer encounters difficulty meeting the one space per unit parking requirement, the developer would be able to pay an in -lieu fee under the City's Parking In -Lieu Fee Program. The program currently requires $17,500 be paid per space, which can be paid over a period of time. The monies must be used to increase public parking in the DSP area. Other Changes to the DSP: In addition to this amendment, staff is proposing that related sections of the DSP be clarified. Since the proposed amendment could potentially incentivize new development, it is important that that the DSP be clear in all related language and standards. The following changes are proposed: 1. The introduction section of the DSP contains the following statement: "The final Plan will not allow the development of any new residential units, although the existing units may continue and may be rebuilt if accidentally destroyed." There is nothing in the DSP that suggests a cap on the number of residential units within the DSP area. Currently, one residential unit is allowed per 3,500 square foot lot. Staff believes that this is residual draft language left from a previous idea that was not pursued, and should therefore be removed. 2. Height: the current DSP height standard for each district is verbose and difficult to understand. Staff proposes simplified wording. 3. Residential density: the current limit to residential density is worded ambiguously. It states: "The maximum residential density shall not exceed one dwelling unit per 3,500 square foot lot. If the lot is less than 3,500 square feet, one unit is allowed." A strict reading would prohibit more than one residential unit per lot regardless of lot size. Staff believes that such a reading would constitute a misinterpretation of the intent of the standard, and therefore has proposed new language. Parking: the DSP explains that additional parking is not required for upper -floor residential units because "People who occupy the residential units will be the ones working in the commercial units ". Because this is not consistent with the amendment, staff proposes that the explanatory language be removed. 3 71 General Plan and Zoning Consistency Consistency with the El Segundo Municipal Code. Pursuant to ESMC Title 15, Chapter 26 (Amendments), in order to recommend City Council approval of the proposed amendments, the Planning Commission must find that the amendments are necessary to carry out the general purpose of ESMC Title 15. The purpose of this Title (ESMC § 15 -1 -1) is to serve the public health, safety, and general welfare and to provide economic and social advantages resulting from an orderly planned use of land resources. Planning staff believes that the Planning Commission can make the findings in order to recommend City Council approval of the proposed amendment. The findings are discussed in the proposed resolution. Consistency with the El Segundo General Plan ESMC § 15 -1 -1 (Purpose, Title) states that Title 15 is the primary tool for implementation of the goals, objectives, and policies of the El Segundo General Plan. Accordingly, the Planning Commission must find that the proposed Specific Plan Amendment is consistent with those goals, objectives, and policies. Planning staff believes that the Planning Commission can make the findings in order to recommend City Council approval of the proposed amendment. The findings are discussed in the proposed resolution. III. ENVIRONMENTAL REVIEW: The proposed Ordinance consists only of minor revisions and clarifications to the Downtown Specific Plan which was evaluated by an adopted Mitigated Negative Declaration (Environmental Assessment No. 474) on August 1, 2000. Accordingly, an addendum to the Mitigated Negative Declaration has been prepared pursuant to 14 CCR § 15164 and is set forth in Exhibit "A" to Resolution No. 2814 (attached). IV. RECOMMENDATION: Staff recommends that the Planning Commission adopt Resolution No. 2814 recommending that the City Council approve Environmental Assessment No. EA -1184 and Specific Plan Amendment No. SPA 17 -01. 4 72 MINUTES OF THE MEETING OF THE PLANNING COMMISSION OF THE CITY OF EL SEGUNDO, CALIFORNIA April 13, 2017 Chair Baldino called the El Segundo Planning Commission meeting to CALL TO ORDER order at 5:38 p.m. in the El Segundo City Hall's Council Chambers, 350 Main Street, El Segundo, California. Commissioner Nicol led the Pledge of Allegiance. PLEDGE TO FLAG NICOL, NISLEY, BALDING, NEWMAN, and WINGATE ROLL CALL None. PUBLIC COMMUNICATIONS Mr. Baldino presented the Consent Calendar. CONSENT CALENDAR Mr. Baldino pulled item E -1 — Environmental Assessment No. EA 1165 and CALL ITEMS FROM Administrative Use Permit No. AUP 16 -10. Address: 400 Main St. CONSENT Applicant: Vilma Delgado. Property owner: John Doukakis Commissioner Newman recused herself from participating in Agenda Item E -1 for potential conflict of interests relating to the proximity of her property to the project site. Assistant Planner Raneika Brooks presented a staff report. Vilma Delgado, Applicalli t Mr. Baldino asked about the displayed ABC license suspension notice. Ms. Delgado explained that the license was revoked due to nonpayment. Mr. Baldino asked the Applicant if she had received any other citations or complaints from the ABC while maintaining the current license. Ms. Delgado replied that she has not. Mr. Nicol asked if the requested license was for hard liquor. Ms. Delgado replied that it was for beer and wine only. Commissioner Wingate moved, seconded by Mr. Nicol to receive and file MOTION Environmental Assessment No. EA 1165 and Administrative Use Permit No. AU 16 -10 (Passed 4 -0). WRITTEN None. COMMUNICATIONS PAPlanning & Building Safety \_Planning \Planning Commission \Minutes \2017 \2017 04 -13 Minutes.doc 711 Mr. Baldino presented item H -2 —Environmental Assessment No. EA 1183, NEW BUSINESS: EA Subdivision No. SUB 17 -01 for Tentative Parcel Map No. TPM 74306. 1183, SUB 17 -01 Address: 129 Palm Ave. Applicant: Harry Wu. Property owner: Palmes Star LP. Assistant Planner Maria Baldenegro presented a staff report. Harry Wu Mr. Baldino complimented Mr. Wu on the design of the townhomes, both for their physical appearance and for meeting code. Ms. Wingate moved, seconded by Commissioner Nisley to approve Environmental Assessment No. EA 1183, Subdivision No. SUB 17 -01 for Tentative Parcel Map No. TPM 74306. Mr. Baldino presented item H -3 — EA 1184 and Specific Plan Amendment NEW BUSINESS: 17 -01. Address: Downtown Specific Plan. Applicant: Bill Ruane. Property EA1184, SPA 17 -01 owner: Various. Due to a potential conflict of interests relating to the proximity of 3 of the Commissioners' properties to the project site, names were drawn in order to determine which would stay on the dais. One needed to stay in order for a majority vote to be achieved. Ms. Newman's name was drawn. Commissioner Nisley and Ms. Wingate recused themselves from the dais. Contract Planning Technician Russell Toler presented a staff report. Ms. Newman asked staff if there had been many proposals that seem to have been impeded by the requirement that residential tenants be tenants of the commercial units below. Mr. Toler stated that there have not been many inquiries about new projects, though the selling of residential units that were built after the adoption of the requirement has caused concern, and is the source of the proposed amendment. Mr. Nicol stated that he is concerned by the fact that all new construction triggers compliance with current (and higher) parking requirements. He said that this de- incentivizes redevelopment and that nonconforming parking rights should be grandfathered for redeveloped commercial properties. Mr. Baldino noted that this could be accomplished by requiring no parking for commercial development, but asked whether this was fair to those who have already paid into the parking in -lieu fee program. PAPlanning & Building Safety \_Planning \Planning Com miss ion \M in utes\201 7\201 7 04 -13 Minutes.doe Page Carol Wingate, 539 Richmond St. Ms. Wingate stated that buildings on the west side of Main Street could easily provide semi- or full- subterranean parking. She stated that the downtown area needs more parking because it is getting more crowded, and that it should be required for both commercial and residential uses. Mr. Baldino asked staff whether under the proposed amendment parking would be required for new construction only, or for conversions as well. Planning Manager Gregg McClain explained that the conversion of upper floor commercial space to residential space would constitute a change in use, and therefore trigger parking requirement. He noted, however, that a reduction in commercial area could work out in favor of the property owner doing such a conversion. Ms. Newman expressed concern over requiring no parking at all for new residential units. She stated that the in -lieu fee of $17,500 didn't seem like too much when considering the total cost of a second story addition. Ms. Wingate reiterated that parking should be required for both commercial and residential uses. Matt Crabbs Mr. Crabbs expressed his belief that a zero parking requirement for new residential units would not cause problems, and that the in -lieu fee probably would not deter much development. He stressed the importance ensuring that the second stories that do go up are of an acceptable aesthetic quality. Mr. Baldino asked Mr. Crabbs if he thought a zero parking requirement would spur development. Mr. Crabbs responded that it could incentivize some development, but due to the difficulty of adding second floors within the Plan area, new development is more practical. Mr. Baldino asked whether the City wanted to err on the side of encouraging residential units in order to help revitalize downtown or to err on the side of being overly protective of parking issues. He stated that he was torn between requiring 0 and 1 space per residential unit. Mr. Nicol asked if 0.5 per residential unit was an option. Mr. Baldino said that the requirement could be 0.5 spaces required per unit, which would mean that only 1 space would be required for the development of 2 residential units. Ms. Newman asked staff if the property in question had adequate parking. PUBLIC COMMUNICATION PAPlanning & Building Safety \_Planning \Planning Commission \Minutes \2017 \2017 04 -13 Minutes.doc PM 3 Mr. Toler responded that 19 spaces were provided, though based on the commercial square footage, only 17 were required. Mr. Nicol expressed his recommendation that 0.5 spaces be required per residential unit, with the first unit waived of any parking requirement. The developer would have the option to pay the in -lieu fee. Mr. Nicol stated that based on Mr. Crabbs comments, he did not believe that such a fee would deter development. Ms. Newman expressed her recommendation of requiring 0.5 spaces per residential unit without the first being waived. Mr. Baldino summarized that the Commission was in agreement that residential units should not be required to be owner - occupied, and that the amendment should only be applied to new units so that existing properties would not be adversely affected. He directed staff to prepare two versions of an Ordinance that reflect the Commission's opinion, each with one of the proposed parking options, which would be decided on at the following Planning Commission meeting. Ms. Newman moved, seconded by Mr. Nicol to continue item H -3 — EA MOTION 1184 and Specific Plan Amendment 17 -01 to the following meeting (passed 3 -0). Mr. Nisley and Ms. Wingate rejoined the dais. None. CONTINUED BUSINESS None. OTHER BUSSINESS Planning and Building Safety Director Sam Lee stated that he appreciated REPORT FROM the night's discussion and that he would like to get the Downtown PLANNING AND Subcommittee together again so that they could talk about the issues of BUILDING SAFETY parking and nonconformities within the downtown area. DIRECTOR He also spoke in favor of the parking in -lieu fee program, stating that he believed that its unpopularity is due to misunderstanding. He stated that the collected funds go into an account that is used to provide community parking within the downtown area. He reminded the commission that the recent Richmond Street improvements, which added street parking downtown, was partially funded by the in -lieu fee program funds. Mr. Lee said that there are not a lot of in -lieu funds coming in because of the allowance of the interchange of permitted commercial uses without businesses having to provide additional parking. He requested that staff prepare a presentation on the program. Mr. Nicol asked why the City doesn't provide parking in order to see the types of businesses that they want to see thrive. He stated that requiring businesses to provide their own on -site parking can be a deterrent to new PAPlanning & Building Safety \_Planning \Planning Commission\Minutes \2017 \2017 04 -13 Minutes.doc 798 4 business. Mr. Baldino asked Mr. Lee on the status on making the City Fire Department parking lot more accessible to the public. Mr. Lee stated that he would check with the fire chief. Mr. Baldino asked about the status on the proposed changes to requirements regarding Accessory Dwelling Units. Mr. McClain said that a staff report would be presented at the following meeting. Mr. Baldino encouraged everyone to sign up for the community Run for Education which would be on April 22. Mr. Nicol announced that Ed! Gala tickets were on sale for Friday May 12tH Chair Baldino adjourned the meeting. The meeting adjourned at 6:52 p.m. PASSED AND APPROVED ON THIS 13TH DAY OF APRIL 2017. Sam Lee, Secretary of the Planning Commission and Director of the Planning and Building Safety Department Ryan Baldino, Chairman Planning Commission City of El Segundo, California PLANNING COMMISSIONERS COMMENTS ADJOURNMENT PAPlanning & Building Safety \_Planning \Planning Commission \Minutes \2017\2017 04 -13 Minutes.doc PlIp 5 EL SEGUNDO PLANNING COMMISSION MEETING DATE: April 27, 2017 AGENDA STATEMENT AGENDA HEADING: Continued Business AGENDA DESCRIPTION: Consideration and possible action regarding Environmental Assessment No. EA -1184 and Specific Plan Amendment No. SPA 17 -01 to amend the Downtown Specific Plan by: 1) Removing the requirement that upper -floor residential occupants must also be commercial tenants or owners of the business below; 2) Establishing a new parking requirement for new residential units; and 3) Miscellaneous cleanup. (Fiscal Impact: None) RECOMMENDED PLANNING COMMISSION ACTION: It is recommended that the Planning Commission open the public hearing and take public testimony on the project; close the public hearing and consider the evidence; make a decision regarding parking requirements; and adopt Resolution No. 2814 recommending that the City Council a) adopt Addendum No. 1 to an approved Mitigated Negative Declaration and, b) adopt an Ordinance amending the Downtown Specific Plan regarding residential uses; or, alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Planning Commission Resolution No. 2814 Exhibit A — Addendum No. 1 to the EA /MND Exhibit B — Draft Ordinance (Parking option 1) Exhibit C — Draft Ordinance (Parking option 2) ORIGINATED BY: Russell Toler, Contract Planning TechnicianrtT' REVIEWED BY: Paul Samaras, Principal Planner REVIEWED BY: Gregg McClain, Planning Manager 6X7 APPROVED BY: Sam Lee, Director of Planning and Building Safety -• I. INTRODUCTION: On April 13, 2017 the Planning Commission considered an amendment to the DSP to remove residential restrictions on upper -floor units. Staff also sought direction on what the parking requirement should be for new residences in the downtown area. Based on its discussion, the Planning Commission believed that parking should be required, but indicated that it should not be what is typically required of residential development (i.e., 2 spaces per unit). As a result, the Planning Commission directed staff to return with a resolution with the following two options for consideration: 1) Require 0.5 space per new residential unit. 2) Require 0 spaces for the first new residential unit, and .05 per additional unit. In the event that a developer encounters difficulty meeting the parking requirement, they would be able to pay a fee under the City's parking in -lieu fee program. The program currently requires $17,500 per space, which can be paid over a maximum period of 20 years. Funds collected by the City from such payment is deposited in a special fund and used only by the City to acquire and /or develop additional parking and related facilities that are determined by the City Council to be necessary to serve the downtown. Other Changes to the DSP: In addition to this amendment, staff is proposing that other sections of the DSP be clarified. Since the proposed amendment could potentially incentivize new development, it is important that that the DSP be clear in all related language and standards. The following changes are proposed: 1. The introduction section of the DSP contains the following statement: "The final Plan will not allow the development of any new residential units, although the existing units may continue and may be rebuilt if accidentally destroyed." This is language left from the original DSP that was never removed when new residential units became allowed in 2001. 2. Height: the current DSP height standard for each district is verbose and difficult to understand. Staff proposes simplified wording. 3. Residential density: the current limit to residential density is worded ambiguously. It states: "The maximum residential density shall not exceed one dwelling unit per 3,500 square foot lot. If the lot is less than 3,500 square feet, one unit is allowed." A strict reading would prohibit more than one residential unit per lot regardless of lot size. Staff believes that such a reading would constitute a misinterpretation of the intent of the standard, and therefore has proposed new language. 4 Parking: the DSP explains that additional parking is not required for upper -floor residential units because "People who occupy the residential units will be the ones working in the commercial units ". Because this is not consistent with the amendment, staff proposes that the explanatory language be removed. 5. Parking in -lieu fees: staff believes that it is important to clearly state that parking in -lieu fees are to be rounded together with the whole number of required parking spaces to be waived. 6. Parking required for public assembly: this section references the outdated Uniform Building Code. Staff proposes that this reference be removed. General Plan and Zoning Consistency Consistency with the El Segundo Municipal Code. Pursuant to ESMC Title 15, Chapter 26 (Amendments), in order to recommend City Council approval of the proposed amendments, the Planning Commission must find that the amendments are necessary to carry out the general purpose of ESMC Title 15. The purpose of this Title (ESMC 2 W § 15 -1 -1) is to serve the public health, safety, and general welfare and to provide economic and social advantages resulting from an orderly planned use of land resources. Planning staff believes that the Planning Commission can make the findings in order to recommend City Council approval of the proposed amendment. The findings are discussed in the proposed resolution. Consistency with the El Segundo General Plan ESMC § 15 -1 -1 (Purpose, Title) states that Title 15 is the primary tool for implementation of the goals, objectives, and policies of the El Segundo General Plan. Accordingly, the Planning Commission must find that the proposed Specific Plan Amendment is consistent with those goals, objectives, and policies. Planning staff believes that the Planning Commission can make the findings in order to recommend City Council approval of the proposed amendment. The findings are discussed in the proposed resolution. III. ENVIRONMENTAL REVIEW: The proposed Ordinance consists only of minor revisions and clarifications to the Downtown Specific Plan which was evaluated by an adopted Mitigated Negative Declaration (Environmental Assessment No. 474) on August 1, 2000. Accordingly, an addendum to the Mitigated Negative Declaration has been prepared pursuant to 14 CCR § 15164 and is set forth in Exhibit "A" to Resolution No. 2814 (attached). IV. RECOMMENDATION: Staff recommends that the Planning Commission adopt Resolution No. 2814 recommending that the City Council approve Environmental Assessment No. EA -1184 and Specific Plan Amendment No. SPA 17 -01. P.m EL SEGUNDO CITY COUNCIL MEETING DATE: May 1, 2001 AGENDA ITEM STATEMENT AGENDA HEADING: Special Matters AGENDA DESCRIPTION: An amendment to the Downtown Specific Plan to allow residential units above the first floor. RECOMMENDED COUNCIL ACTION: 1) Open Public Hearing; 2) Close Public Hearing; 3) Discussion; 4) First Reading of Ordinance by title only; 5) Schedule second reading and Adoption for May 15, 2001; and /or 6) Other possible action /direction. BACKGROUND & DISCUSSION: On February 6, 2001, the City Council directed staff to add language to the Downtown Specific Plan which would allow the development of dwelling units on the second floor of buildings for tenants /business owners of the first floor businesses. On April 12, 2001 the Planning Commission held a public hearing on the proposed amendment. The Planning Commission questioned the enforceability of the amendment as proposed and discussed the benefits of residential use downtown (i.e. eyes on the street, reduction of vehicle usage and the enhanced cash flow to the business owner). As a result, they instead recommended that the Specific Plan be modified to allow unrestricted residential use above the first floor within the Downtown Specific Plan area. The attached ordinance (A) reflects the Planning Commission's recommendation. For reference purposes, a second ordinance (B) reflecting the Council's original direction is attached to this report. ATTACHED SUPPORTING DOCUMENTS: Draft Ordinance (A) with attached redlined Specific Plan Planning Commission staff report and draft minutes Draft Ordinance (B) with attached redlined Specific Plan FISCAL IMPACT: Operating Budget: none Amount Requested: none Account Number: none Project Phase: none Appropriation required:' none ORIGINATED: Chris Ketz, Planning Manager DATE: April 24, 2001 James Hansen, Director of Community, Economic and Development Services REVIEWED BY: Mary Strenn, City Manager DATE: SPECIAL MATTER — 1. Interviews of candidates to Committees, Commissions and Boards. Council consensus to re- appoint Debbie Bundy and Thomas Killinger to the Recreation and Parks Commission: to full terms to expire 5/30/05. Council moved to the Council Chambers at 6:55 p.m. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MAY 1, 2001 - 7:00 P.M. 7:00 PM Session CALL TO ORDER - Mayor Gordon at 7:00 p.m. INVOCATION - Father Manuel Magallanes, St. Anthony Catholic Church PLEDGE OF ALLEGIANCE - Council Member Kelly McDowell PRESENTATIONS — (a) Council Member McDowell presented a Proclamation proclaiming the month of May, 2001 Older Americans Month and Helen Dobos the 2001 El Segundo Senior Citizen of the Year and encouraging all residents to participate in the Elderfest Celebration on May 12, 2001 from 11:00 a.m. to 1:30 p.m. at the Joslyn Recreation Center, honoring Helen Dobos and other senior citizens who have given generously of their time and talent to improve the quality of life for all. (b) Council Member Wernick presented a Proclamation proclaiming the week of April 29 through May 5, 2001 as Municipal Clerks Week in El Segundo to express appreciation to City Clerk, Cindy Mortesen and all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. (c) Mayor ProTem Jacobs presented a Proclamation proclaiming Saturday, May 12, 2001 as El Segundo Fire Service Day and inviting all citizens from 10:30 a.m. to 1:30 p.m., to a Open House and BBQ at Fire Station #1, hosted by the El Segundo Firefighters Association. (d) Council Member Gaines presented a Proclamation declaring May 19, 2001 as VOLUNTEER RECOGNITION DAY in the City of El Segundo, recognizing the contributions of those who volunteer services on behalf of the City, and inviting the City's volunteers to a celebration in their honor on Saturday, May 19, 2001 from 11:00 a.m. to 2:00 p.m. at Chevron Park. MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 1, 2001 PAGE NO 2 FA ROLL CALL Mayor Gordon Mayor ProTem Jacobs Council Member Gaines Council Member McDowell Council Member Wernick - Present - Present Present - Present - Present PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves 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 Carly Day, President of Tree Muskateers, spoke regarding the project for Earth Day on Grand Ave. She also spoke about the recycling program. Terry Cerretto, resident, spoke against the Main Street revitalization and voluntary recycling program. A. B. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on this Agenda by title only. MOVED by Council Member Gaines, SECONDED by Council Member Wernick, to read all ordinances and resolutions on this Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510. SPECIAL ORDERS OF BUSINESS - Public Hearing and introduction of Ordinance adopting the recodified version of the El Segundo Municipal Code. City Clerk Cindy Mortesen gave a brief report. Mayor Gordon stated this is the time and place hereto fixed for a public hearing and introduction of Ordinance adopting the recodified version of the El Segundo Municipal Code. He asked if proper notice had been done and if any written communications had been received. Clerk Mortesen stated that notice was done and that no written communications had been received by the Clerk's Office. MOVED by Council Member Gaines, SECONDED by Council Member Wernick to close the public hearing. MOTION PASSED BY UANANIMOIUS VOICE VOTE. 510 MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 1, 2001 PAGE NO 3 51 City Attorney Mark Hensley read the following: ORDINANCE NO. 1335 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA ADOPTING THE CITY OF EL SEGUNDO, CALIFORNIA MUNICIPAL CODE Mayor ProTem Jacobs introduced Ordinance No. 1335 2. An amendment to the Downtown Specific Plan to allow residential units above the first floor. Mayor ProTem Jacobs not - participating due to a possible conflict of interest. Jim Hansen, Director of Community, Economic and Development Services, gave a brief staff report. Mayor Gordon stated this is the time and place hereto fixed for a public hearing on an amendment to the Downtown Specific Plan to allow residential units above the first floor. He asked if proper notice had been done and if any written communications had been received. Clerk Mortesen stated that notice was done and that no written communications had been received by the Clerk's Office. Peggy Tyrell, resident, spoke regarding who could occupy a residential unit above a business. Council consensus to close the public hearing. City Attorney Mark Hensley announced changes to the Ordinance allowing only for business /owner residences and to include findings about traffic and security. He then read the following: ORDINANCE NO. 1336 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT NO. 01 -1 AND THE FIRST AMENDMENT TO THE DOWNTOWN SPECIFIC PLAN NO. 01 -03 IN THE 100 -500 BLOCKS OF MAIN STREET, THE 100 -300 BLOCKS OF RICHMOND STREET AND THE ADJACENT PROPERTIES ON GRAND AVENUE: PETITIONED BY THE CITY OF EL SEGUNDO Council Member Gaines introduced Ordinance No. 1336 C. UNFINISHED BUSINESS — 3. Agreement for professional engineering services with Parsons Transportation Group, Inc. for design engineering and construction support services for the Douglas Street Gap Closure /Railroad Grade Separation Project (Fiscal Impact = $1,391,153.05). MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 1. 2001 PAGE NO 4 :E Andy Santamaria, Director of Public Works, gave a brief report. MOVED by Mayor ProTem Jacobs, SECONDED by Council Member Wernick, to approve Agreement No. 2876 for professional engineering services with Parsons Transportation Group, Inc. for design engineering and construction support services for the Douglas Street Gap Closure /Railroad Grade Separation Project (Fiscal Impact = $1,391,153.05) and authorize the Mayor to execute the agreement on behalf of the City contingent upon Caltrans' approval of the consultant pre -award audit. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. This item brought forward from the Consent Agenda. 9. Authorize staff to solicit proposals for the Downtown Specific Plan Improvements (estimated consultant cost = $500,000, approve Capital Improvement Project) and approve an additional $1,200,000 funding from General Fund revenues for the improvements and design on the 100 and 200 blocks of Main Street and those on Grand Avenue. Mayor ProTem Jacobs not - participating due to a possible conflict of interest. MOVED by Council Member McDowell, SECONDED by Mayor Gordon to authorize staff to solicit proposals for the Downtown Specific Plan Improvements (estimated consultant cost = $500,000, approved Capital Improvement Project) and approve an additional $1,950,000 funding from the Infrastructure Replacement Fund consisting of $1,200,000 for the improvements and design on the 100 and 200 blocks of Main Street and the Grand Avenue median and $750,000 for the 500 block of Main Street, and to include a design evaluation to include 4 lanes on Main Street with parking on one side, and widened sidewalks. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR GORDON, COUNCIL MEMBERS GAINES, MCDOWELL AND WERNICK. NOES: NONE. NOT - PARTICIPATING: MAYOR PRO TEM JACOBS. 4/0/1 D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 4. Announce appointments to the various Committees, Commissions and Boards. Mayor Gordon announced the following appointments: Debby Bundy and Thomas Killinger to the Recreation and Parks Commission, to full terms to expire 5/30105. Council directed staff to continue recruitment and interviewing for CCB's. E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. 5. Approved Warrant Numbers 2517073- 2517333 on Register No. 14 in total amount of $567,009.80, and Wire Transfers in the amount of $930,520.11. MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 1, 2001 PAGE NO 5 i 6. PULLED FOR DISCUSSION BY MAYOR GORDON 7. PULLED FOR DISCUSSION BY COUNCIL MEMBER GAINES 8. Adopted plans and specifications for replacement of a 24" Water Valve and a Booster Pump No. 2, approved Capital Improvement Project No. PW 01 -03 (estimated cost $105,000.00), and authorized staff to advertise the project for receipt of construction bids. 9. PULLED FORWARD TO UNFINISHED BUSINESS 10 PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK 11. Approved request from Arden Realty, Inc. to use the City of El Segundo seal on a flag to be flown above Continental Grand Plaza at 300 Continental Boulevard. 12. PULLED FOR DISCUSSION BY COUNCIL MEMBERWERNICK MOVED by Council Member McDowell, SECONDED by Council Member Gaines to approve consent agenda items 5, 8, and 11. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. CALL ITEMS FROM CONSENT AGENDA 7. Approve City Council meeting minutes of April 17, 2001. MOVED by Mayor ProTem Jacobs, SECONDED by Council Member Wernick to approve City Council Meeting minutes of April 17, 2001. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR PRO TEM JACOBS, COUNCIL MEMBERS GAINES, MCDOWELL, AND WERNICK, NOES: NONE. ABSTENTION: MAYOR GORDON. 8. Adopt plans and specifications for 2000 -2001 slurry seal of various streets, approve Capital Improvement Project No. PW 01 -04 (estimated cost $105,000.00), and authorize staff to advertise the project for receipt of construction bids. MOVED by Council Member Gaines, SECONDED by Council Member McDowell to adopt plans and specifications for 2000 -2001 slurry seal of various streets, approved Capital Improvement Project No. PW 01 -04 (estimated cost $105,000.00), and authorize staff to advertise the project for receipt of construction bids. MOTION PASSED BY UNANAIMOUS VOICE VOTE. 5/0 9. Award of contract to Exhibitgroup /Giltspur Southern California for professional services to provide a Historical Photo Gallery in the main hallway of City Hall (Fiscal Impact $19,955) MOVED by Council Member Gaines, SECONDED by Council Member McDowell to award Contract No. 2877 to Exhibitgroup /Giltspur Southern California for professional services t6 provide a Historical Photo Gallery in the main hallway of City Hall, Fiscal Impact $19,955. MOTION PASSED BY UNANAIMOUS VOICE VOTE. 5/0 MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 1. 2001 PAGE NO 6 :U 12. Approve Amendment to Professional Service Contract No. 2854 with Christopher A. Joseph and Associates (CAJA) for additional environmental services to prepare an Environmental Impact Report (EIR) for the proposed El Segundo Corporate Campus project on the 46 -acre former Rockwell International property bounded by Mariposa Avenue, Nash Street, Atwood Way, and Douglas Street. The amount to be paid to the Consultant under this amendment would not exceed $44,785.00. The total cost of the revised contract would not exceed $182,685.00. The applicant of the project is responsible for the full amount. MOVED by Council Member Gaines, SECONDED by Council Member McDowell to approve an amendment to Professional Service Contract No. 2854 with Christopher A. Joseph and Associates (CAJA) for additional environmental services to prepare an Environmental Impact Report (EIR) for the proposed El Segundo Corporate Campus project on the 46 -acre former Rockwell International property bounded by Mariposa Ave., Nash Street, Atwood Way, and Douglas Street. The amount to be paid to the Consultant under this amendment would not exceed $44,785.00. The total cost of the revised contract would not exceed $182, 685.00. The applicant of the project is responsible for the full amount. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR GORDON, MAYOR PRO TEM JACOBS, COUNCIL MEMBER MCDOWELL AND GAINES. NOES: NONE. NOT - PARTICIPATING: COUNCIL MEMBER WERNICK. 4/0/1 F. NEW BUSINESS - NONE G. REPORTS - CITY MANAGER - NONE H. REPORTS — CITY ATTORNEY - Reported that the City was commencing legal proceedings against the South Bay Regional Public Communications Authority for radio frequencies. I. REPORTS - CITY CLERK - NONE J. REPORTS - CITY TREASURER - NONE K. REPORTS - CITY COUNCIL MEMBERS Council Member McDowell - Spoke regarding the ICRMA Conference. Council Member Gaines - Spoke regarding the resurfacing of Sepulveda Blvd. Council Member Wernick - Spoke regarding the Junior ROTC program. Mayor Pro Tem Jacobs - Spoke regarding the visiting Mariachis and her appointment to MSRC Committee Mayor Gordon - Stated that Monday, May 14 he would be co- hosting a town hall forum with ESRA regarding the LAX Master Plan. MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 1, 2001 PAGE NO 7 MOVED by Mayor Gordon, SECONDED by Mayor ProTem Jacobs to reconsider the Residential and Municipal Solid Waste Collection Contract. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR GORDON, MAYOR PRO TEM JACOBS, COUNCIL MEMBERS GAINES AND MC DOWELL. NOES: NONE. ABSTAIN: COUNCIL MEMBER WERNICK. 4/0/1 13. Reconsideration of the Residential and Municipal Solid Waste Collection Contract approved by Council on April 3, 2001. MOVED by Council Member Gaines, SECONDED by Council Member McDowell to approve the extension of Contract No. 2280 for 3 years, and include the implementation of the voluntary residential curbside recycling program for the City, not to exceed $1.25 per participating household, require Contractor to abide by AQMD vehicle standards and guarantee by Republic, parent company, on Consolidated's contract. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. PUBLIC COMMUNICATIONS - {Related to City Business Only - 5 minute limit} Individuals, who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identity themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable bye 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 Kathyrn Lourtie, Chamber of Commerce; applauded the Council's efforts on the Downtown revitalization. MEMORIAL - Mother of Sandy Lane, Economic Development Manager. ADJOURNMENT at 8:45 P.M. Cindy ortesen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 1, 2001 PAGE NO. 8 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE: May 15, 2001 AGENDA HEADING: Consent Adoption of Ordinance amending the Downtown Specific Plan to permit tenant/business owner residential units on the second floor of buildings (Specific Plan Amendment No. 01 -3 and General Plan No. 01 -1). RECOMMENDED COUNCIL ACTION: 1) Second reading and Adoption of Ordinance by title only; or, 2) Other possible action /direction. BACKGROUND & DISCUSSION: On May 1, 2001, the City Council held a public hearing on the above referenced item. After reviewing the Planning Commission's recommendation to permit residential dwelling units in the Downtown Specific Plan with no restrictions, the City Council voted to introduce an ordinance, based on its original direction to staff, to allow the development of dwelling units on the second floor of businesses for tenants /business owners of the first floor businesses. The attached Ordinance is presented for a Second Reading and Adoption. If adopted without change, the provisions will become effective in thirty days time. ATTACHED SUPPORTING DOCUMENTS: 1. Ordinance No. 1336 FISCAL IMPACT: Amount Requested: Account Number: Project Phase: Appropriation required: N/A N/A N/A NIA ORIGINATED: DATE: James M. Hansen, Director of Community, Economic and Development Services REVIEWED BY: DATE: Mary Strenn, City Manager P:\Planning & Building Safety\ PROJECTS\ DOWNTOWN \DTSPAmendmentl.ais.2.doc WE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MAY 15, 2001 - 7:00 P.M. 7:00 PM Session CALL TO ORDER - Council Member Wernick INVOCATION - Rev. Julie Elkins, United Methodist Church of El Segundo PLEDGE OF ALLEGIANCE - Council Member Nancy Wernick PRESENTATIONS — (a) Council Member Wernick presented an El Segundo Poster to Steve Kuykendall in recognition of his representation of El Segundo during his term as a Member of the House of Representatives, 106th Congress. (b) Council Member McDowell presented a Proclamation to Chris Barrett, former El Segundo Police Officer, commemorating May 16, 2001 as Police Officers Memorial Day and the week of May 13 -29, 2001 as Police Week in El Segundo. (c) Council Member Wernick announced Jeff Leyman as the Police Officer of the Year. ROLL CALL Mayor Gordon Mayor ProTem Jacobs Council Member Gaines Council Member McDowell Council Member Wernick - Absent - Absent - Present - Present - Present PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves 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. Julie Warner, El Segundo Cub Scouts, requested Council support for the annual Soapbox Derby Lewis Jensen, resident, spoke regarding the downtown beautification, and item number 5, on the Consent Calendar, regarding tenant/business owner units above downtown buildings. Carrie Kline, resident, opposes the adoption of the amendment of the Downtown Specific Plan to allow tenant/business owner units above downtown buildings. Loretta Frye, resident, spoke regarding opposition of the amendment of the Downtown Specific Plan to allow tenant/business owner units above downtown buildings. MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 15, 2001 PAGE NO 2 WE Liz Garnholz, resident, spoke regarding approval of the plan for Phase 8 of the City's Residential Sound Insulation Program. ITEM BROUGHT FORWARD FROM CONSENT AGENDA 3. Request by El Segundo Cub Scout Pack 968C, for City support and waiver of fees to use Grand Avenue from Arena to Eucalyptus on July 22, 2001 for the annual Cub Adventure Soapbox Derby from Noon to 5:00 p.m. (Fiscal Impact: $441.33) MOVED by Council Member Gaines, SECONDED by Council Member McDowell, to approve the request by El Segundo Cub Scout Pack 968C, for City support and waiver of fees to use Grand Avenue from Arena to Eucalyptus on July 22, 2001 for the annual Cub Adventure Soapbox Derby from Noon to 5:00 p.m. provided the event meets all applicable City requirements. MOTION PASSED BY THE FOLLOWING VOTE: AYES: COUNCIL MEMBERS WERNICK, GAINES AND MCDOWELL; NOES: NONE; ABSENT: MAYOR GORDON AND MAYOR PRO TEM JACOBS; ABSTAIN: NONE. 3/0. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on this Agenda by title only. MOVED by Council Member Gaines, SECONDED by Council Member McDowell, to read all ordinances and resolutions on this Agenda by title only. MOTION PASSED BY THE FOLLOWING VOTE: AYES: COUNCIL MEMBERS WERNICK, GAINES AND MCDOWELL; NOES: NONE; ABSENT: MAYOR GORDON AND MAYOR PRO TEM JACOBS; ABSTAIN: NONE. 3/0. B. SPECIAL ORDERS OF BUSINESS - NONE C. UNFINISHED BUSINESS - NONE D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - NONE E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. Approved Warrant Numbers 2517334- 2517625 on Register No. 15 in total amount of $849,529.62, and Wire Transfers in the amount of $392,472.34. 2. Approved City Council meeting minutes of May 1, 2001. 3. ITEM PULLED FOR CONSIDERATION EARLIER IN MEETING 4. Adopted Ordinance No. 1335 adopting the recodified version of the El Segundo Municipal Code. MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 15, 2001 PAGE NO 3 91 5. PULLED FOR DISCUSSION BY COUNCIL MEMBER MCDOWELL 6. Awarded Contract No. 2881 to Budlong & Associates, Inc. for professional services to provide design services for the electrical upgrade of Recreation Park. Approved Capital Improvement Project in the amount of $21,840.00 and authorized the City manager to execute the standard professional service agreement on behalf of the City . 7. Accepted Holly Avenue curb and sidewalk — Project No. PW 00 -16, final contract amount $18,455.00 and authorized the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office. 8. Approved examination plans for the Personnel Merit System job classifications of Facilities Maintenance Supervisor, Lateral Entry Senior Dispatcher, Program Coordinator, Administrative Specialist and Fire Captain. 9. Adopted Resolution No. 4215 certifying the City will sustain its level of expenditures for transportation purposes, accepted receipt of the Traffic Congestion Relief funds and approved the proposed use of those funds. MOVED by Council Member McDowell, SECONDED by Council Member Gaines, to approve consent agenda items 1, 2, 4, 6, 7, 8 and 9. MOTION PASSED BY THE FOLLOWING VOTE: AYES: COUNCIL MEMBERS WERNICK, GAINES AND MCDOWELL; NOES: NONE; ABSENT: MAYOR GORDON AND MAYOR PRO TEM JACOBS; ABSTAIN: NONE. 3/0. CALL ITEMS FROM CONSENT AGENDA 5. Adopted Ordinance No. 1336 amending the Downtown Specific Plan to permit tenant/business owner residential units on the second floor of buildings (Specific Plan Amendment No. 01 -3 and General Plan No. 01 -1). City Attorney Mark Hensley read the following ORDINANCE NO. 1336 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT NO. 01 -1 AND THE FIRST AMENDMENT TO THE DOWNTOWN SPECIFIC PLAN NO. 01 -03 IN THE 100 -500 BLOCKS OF RICHMOND STREET AND THE ADJACENT PROPERTIES ON GRAND AVENUE. PETITIONED BY THE CITY OF EL SEGUNDO. MOVED by Council Member McDowell, SECONDED by Council Member Gaines, to approve consent agenda items 5, Adoption of Ordinance No. 1336 amending the Downtown Specific Plan to permit tenant/business owner residential units on the second floor of buildings (Specific Plan Amendment No. 01 -3 and General Plan No. 01 -1). MOTION PASSED BY THE FOLLOWING VOTE: AYES: COUNCIL MEMBERS WERNICK, GAINES AND MCDOWELL; NOES: NONE; ABSENT: MAYOR GORDON AND MAYOR PRO TEM JACOBS; ABSTAIN: NONE. 3/0. MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 15, 2001 PAGE NO 4 W F. NEW BUSINESS — 10. Approval of plan for Phase 8 of the City's Residential Sound Insulation (RSI) Program. Jim Hansen, Director of Community, Economic and Development Services Department, gave a report. MOVED by Council Member Gaines, SECONDED by Council Member McDowell, to approve the plan for Phase 8 of the City's Residential Sound Insulation (RSI) Program. MOTION PASSED BY THE FOLLOWING VOTE: AYES: COUNCIL MEMBERS WERNICK, GAINES AND MCDOWELL; NOES: NONE; ABSENT: MAYOR GORDON AND MAYOR PRO TEM JACOBS; ABSTAIN: NONE. 310. G. REPORTS - CITY MANAGER - NONE H. REPORTS — CITY ATTORNEY - NONE I. REPORTS - CITY CLERK - NONE J. REPORTS - CITY TREASURER - NONE K. REPORTS - CITY COUNCIL MEMBERS Council Member McDowell — Reported on the Downtown sub - committee. Requested to agendize the establishment of a lunchtime shuttle between the office area east of Sepulveda and Main Street. Stated he will conduct office hours in the park on Saturday, May 19, 10:00 A.M. Council Member Gaines — Reported on the town meeting at the Hacienda Hotel regarding the LAX issues. He also spoke regarding electrical power. Council Member Wernick — Spoke regarding the hearings on the Airport, June 9, 12:00 Noon to 3 P.M. Requested a project book on the downtown project. PUBLIC COMMUNICATIONS - NONE ADJOURNMENT at 8:05 P.M. to 5:00 P.M. on Tuesday, June 5, 2001. f /1110 rte en, ity Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 15, 2001 PAGE NO 5 93 Iy w R lV tC } 4 i LL i O CL IL CL Q LL O z O O LL z m 7 w h mF G W LL O v� 3 N N N rp n m N mG r( V o LL O ZZ z 00 2-2 � t1 a 7( W H ¢ 12121ig 81 0 tog nfilglig d f�IX m 8 m LL Y U ui a cu cc LL. g NU LL 8 F i Z C7 J � Q ©Z. W D L] W x V a 7 N I vi CNC O G C I W t 0 z L W L a Z N 0 qy�1. � ® C ��Ir N d l a zi r 5 cr m 1- ell II LL m 11 2 O •/ CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 4124/17 THROUGH 517117 Date Payee Description 4/24/2017 IRS 242,828.73 Federal 941 Deposit 4/24/2017 Employment Development 3,286.73 State SDI payment 4/24/2017 Employment Development 49,136.54 State PIT Withholding 4/25/2017 Unum 193.50 Long Term Care Premium 4/26/2017 Cal Pers 7,008.59 EFT Retirement Safety- Fire -PEPRA New 4/26/2017 Cal Pers 7,421.50 EFT Retirement Safety- Police -PEPRA New 4/26/2017 Cal Pers 30,281.97 EFT Retirement Misc - PEPRA New 4/26/2017 Cal Pers 96,084.93 EFT Retirement Misc - Classic 4/26/2017 Cal Pers 269,513.81 EFT Retirement Safety - Classic 4/28/2017 Health Comp 1,295.72 Weekly claims 5/5/2017 Cal Pers 10,248.75 2017 Replacement Benefit Contributions 5/5/2017 Cal Pers 476,681.06 EFT Health Insurance Payment 5/5/2017 Manufacturers & Traders 22,464.36 457 payment Vantagepoint 5/5/2017 Manufacturers & Traders 527.31 IRA payment Vantagepoint 5/5/2017 Nationwide NRS EFT 35,656.17 EFT 457 payment 5/5/2017 State of CA EFT 1,719.10 EFT Child support payment 5/5/2017 Health Comp 175.42 Weekly claims 4/27/2017 Lane Donovan Golf Ptr 22,500.00 Payroll Transfer 4/17/17 - 4/23117 Workers Comp Activity 21,883.85 SCRMA checks issued 4/24/17 - 4/30/17 Workers Comp Activity 33,878.89 SCRMA checks issued 4/17/17- 4/23/17 Liability Trust - Claims 0.00 Claim checks issued 4/24/17 -4/30/17 Liability Trust - Claims 0.00 Claim checks issued 4/17/17 - 4/23/17 Retiree Health Insurance 0.00 Health Reimbursment checks issued 4/24/17 - 4/30/17 Retiree Health Insurance 36,886.17 Health Reimbursment checks issued 1,369,673.10 DATE OF RATIFICATION: 5/04/17 TOTAL PAYMENTS BY WIRE: 1,369,673.10 Certified as to the accuracy of the wire transfers by: Deputy City Treasurer II Dafe WARMS t, - ince Date 7 P1 RA r Date Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. PACity TreasurerMire TransfersUire Transfers 10 -01 -16 to 8 -30 -17 5/4/201751/1 MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MAY 2, 2017 — 5:00 PM 5:00 P.M. SESSION CALL TO ORDER ROLL CALL - Mayor Fuentes at 6:00 PM ROLL CALL Mayor Fuentes Mayor Pro Tern Boyles Council Member Dugan Council Member Brann Council Member Pirsztuk - Present - Present - Present - Present - Present (5:01 PM) PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) None SPECIAL ORDER OF BUSINESS: Mayor Fuentes announced that Council would be meeting in closed session pursuant to the items listed on the Agenda. 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): -0- matters CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(d)(2): -1- matters. Initiation of litigation pursuant to Government Code §54956.9 (d)(4): -1- matters. MINUTES OF THE REGULAR COUNCIL MEETING May 2, 2017 PAGE NO. 1 96 W DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -1- matters 1. Public Employee Performance Evaluation Title: City Manager 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): -3- matters 1. Employee Organizations: Police Management Association; Supervisory, Professional Employees Association; and City Employee Association. Agency Designated Representative: Steve Filarsky and City Manager, Greg Carpenter CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matters Adjourned at 6:50 PM MINUTES OF THE REGULAR COUNCIL MEETING May 2, 2017 PAGE NO. 2 97 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MAY 2, 2017 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Pastor Wes Harding, The Bridge PLEDGE OF ALLEGIANCE — Council Member Dugan PRESENTATIONS a) Commendation read by Council Member Pirsztuk, presented to Gail Church, of the Tree Musketeers, thanking them for their many years of service to the community. b) Proclamation read by Mayor Pro Tern Boyles declaring May 12, 21017 El Segundo Education Foundation (Ed!) Gala Day. c) Proclamation read by Mayor Fuentes declaring May as National Older American Month and congratulating, Sharon Hladek, El Segundo's Older American of the Year. ROLL CALL Mayor Fuentes - Present Mayor Pro Tern Boyles - Present Council Member Dugan - Present Council Member Brann - Present Council Member Pirsztuk - Present PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) None 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. MINUTES OF THE REGULAR COUNCIL MEETING May 2, 2017 PAGE NO. 3 98 MOTION by Council Member Brann, SECONDED by Council Member Dugan 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 3016078 through 2016310 on Register No. 14 in the total amount of $942,078.69 and Wire Transfers from 4/10/17 through 4/23/17 in the total amount of $2,390,537.80. Ratified Payroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and /or adjustments; and wire transfers. 2. Approve Regular City Council Meeting Minutes of April 4, 2017 and Regular City Council Meeting Minutes of April 18, 2017. 1 Approve the onsite sale and consumption of beer and wine (Type 41 ABC License) at an existing restaurant at 400 Main Street, EA No. 1165, AUP No. 16 -10. The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities). Applicant: Vilma Delgado. (Fiscal Impact: N /A) 4. Authorize the City Manager to execute an agreement no. 5318, approved by the City Attorney, with Pyro Spectaculars for the amount of $26,000 to operate a fireworks show on July 4, 2017 at Recreation Park. (Fiscal Impact: Included in the FY 16 -17 General Fund Budget $21,000; Centennial Celebration Sponsorship Funds $5,000) 5. Accept as complete Recreation Park Phase 4 Lighting and authorize the City Clerk to file Notice of Completion with the County Recorder's office, Project No. PW 16 -26. Fiscal Impact: $382,625.70) 6. Authorize City Manager to execute an agreement amendment no 4810D, in a form approved by the City Attorney, to the Robert Half International, Inc. (dba MINUTES OF THE REGULAR COUNCIL MEETING May 2, 2017 PAGE NO. 4 WE Accountemps) Agreement No. 4810 for temporary staffing in the Finance Department. (Fiscal Impact: $100,000.00) 7. Authorize the City Manager to execute a contract amendment with The Phelps Group (dba Phelps), in a form approved by the City Attorney, for expanded economic development and destination marketing services. (Fiscal Impact: $60,000 in Economic Development Division Advertising and Publishing budget expenditures) MOTION by Council Member Pirsztuk, SECONDED by Council Member Brann to approve Consent Agenda items 1, 2, 3, 4, 5, 6, and 7. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 F. NEW BUSINESS 8. Consideration and possible to receive and file a report regarding the release of a Request for Proposal (RFP) for a Full Cost Allocation and Comprehensive Fee Study "Cost of Service" Plan. (Fiscal Impact: unknown) Greg Carpenter, City Manager, introduced the item. Joseph Lillio, Finance Director, gave a presentation. Council Discussion Council consensus to receive and file information regarding the release of a RFP to conduct a full cost allocation and comprehensive fee study plan for the City of El Segundo. G. REPORTS — CITY MANAGER City's website server speed has been improved Rotary Club awarded El Segundo Employee of the year awards to Beto Moreno - Public Works Streets, Chris Jenkins — Police Department and Geoffrey Gerny — Fire Department Said good bye to Library Assistant Eric Potulicki who is leaving the City of El Segundo and moving out of state. H. REPORTS — CITY ATTORNEY Bringing forward a number letters for Council to sign related to legislation coming out of Sacramento MINUTES OF THE REGULAR COUNCIL MEETING May 2, 2017 PAGE NO. 5 100 REPORTS — CITY CLERK J. REPORTS — CITY TREASURER — Not Present K. REPORTS — CITY COUNCIL MEMBERS Council Member Brann — Attended: Loyola Marymount University forecast LA; Margie Randall's retirement celebration, Aquatics ground breaking Last day of first year of newly seated Council Members; several achievements: Settlement POA and PSSA, new street name, established a City wide Strategic Plan, created two new committees, balanced the FY 16/17 budget, created a pension study group, filled vacancies, completed several public works projects, new businesses in town (Hotels). Personal achievement of consecutive days walking 306, also ran a half Marathon Council Member Pirsztuk — Thanked community for electing the newly seated Council Members, thanked city staff team. Encourage everyone to attend the Ed Gala. Shout out to Gail Church. 9. Consideration and possible action to explore discussion of evaluating the current business license tax structure and recommendations for potential reform during the Fiscal Year 2017 -18 Strategic Planning and Budgeting sessions. (Fiscal Impact: $0) Council Member Pirsztuk introduced the item. Council Discussion Council consensus agreed Council Member Dugan — Mayor Pro Tern Boyles — 10. Consideration and possible to direct staff to investigate the need for a crosswalk at the intersection of Campus Drive and Campus Square West. MINUTES OF THE REGULAR COUNCIL MEETING May 2, 2017 PAGE NO. 6 101 (Fiscal Impact: None) Mayor Pro Tern Boyles introduced the item. Council Discussion Council consensus agreed Mayor Fuentes — Attended: Loyola Marymount University forecast LA; Los Angeles County Sanitation District meeting, Margie Randall's retirement celebration, Ribbon cutting for new business Brewport Tap House, Santa Monica Bay Restoration meeting, South Bay Association of Commerce meeting, Los Angeles Air Force Base Support group for the region, Aquatics ground breaking PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) None Jack Axcelrod, 317 Richmond Street, Apt B, spoke to Council Member Brann's activities, opposes invocation at Council meetings, should not display of National Flags, recommended Cafe at the beach, mentioned Tree Muskeeters ashamed coming to and end, communications should be specific to El Segundo Business only, opposes Air Force Base ADJOURNMENT at 8:04PM Mona Shilling, Deputy City Clerk II MINUTES OF THE REGULAR COUNCIL MEETING May 2, 2017 PAGE NO. 7 102 SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MAY 9, 2017 - 7:00 P.M. PACIFIC STANDARD TIME 7:00 P.M. PACIFIC STANDARD TIME SESSION CALL TO ORDER — Mayor Fuentes at 7:01 PM INVOCATION — City Clerk, Tracy Weaver PLEDGE OF ALLEGIANCE — Council Member Pirsztuk ROLL CALL Mayor Fuentes - Present Mayor Pro Tern Boyles - Present via teleconferencing Council Member Dugan - Present Council Member Brann - Present Council Member Pirsztuk - Present PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total). Wendell Phillips, CEA Attorney, spoke on behalf of the CEA (City Employees Association) concerning the agenda item. CITY COUNCIL COMMENTS — (Related to Public Communications) Council Member Brann responded to Public Communication given by Mr. Wendell Phillips. SPECIAL ORDERS OF BUSINESS Consideration and possible action regarding approval of a Resolution implementing the City's 1 -Year Last, Best and Final Offer to the City Employees Association (CEA) bargaining unit. Fiscal Impact: (Savings $58,400.00) Greg Carpenter, City Manager, introduced the item. Greg Carpenter, City Manager and Steve Filarsky, El Segundo's Labor Negotiator gave a presentation. Council Discussion Wendell Phillips, CEA Attorney, commented on the presentation by Mr. Carpenter and Mr. Filarsky. Mayor Fuentes announced that Council would be meeting in closed session pursuant to the items listed on the Agenda. 7:48 PM Council convened to Closed Session 103 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. CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -4- matters Employee Organizations: Police Management Association; Supervisory, Professional Employees Association; and City Employee Association, Executive Group. Agency Designated Representative: Steve Filarsky, Labor Negotiator and Greg Carpenter, City Manager 8:40 PM Council reconvened to Open Session and roll call was taken. ROLL CALL - Mayor Fuentes - Present Mayor Pro Tern Boyles - Present via teleconferencing Council Member Dugan - Present Council Member Brann - Present Council Member Pirsztuk - Present David King, Assistant City Attorney, stated the Attorney's office has nothing to report. Council Discussion MOTION by Council Member Council Member Pirsztuk, SECONDED by Council Member Dugan to approve Resolution No. 5039 Unilaterally Implementing Terms and Conditions of the City of El Segundo's One (1) Year Last, Best and Final Offer to the El Segundo City Employees Association (CEA), Resolution No. 5040 for the Employer Paid Member Contribution for CEA and Resolution No. 5041 updating the Employer's monthly medical contribution for CEA. MOTION PASSED BY A ROLL CALL VOTE. 4/1 The roll call vote is as follows: Mayor Fuentes - Yes Mayor Pro Tern Boyles - Yes - via teleconferencing Council Member Dugan - Yes Council Member Brann - No Council Member Pirsztuk - Yes 2 104 ADJOURNMENT at 8:51 PM Tracy Weaver, City Clerk TELECONFERENCE LOCATION: MAYOR PRO TEM BOYLES ME HOTEL IN MONTANITA ESTATES WASS SOLAR 8 CALLE PRINCIPAL CDLA STREET MONTANITA, E15, MONTANITA, MONTANITA PENTHOUSE 024024, ECUADOR 105 EL SEGUNDO CITY COUNCIL MEETING DATE: May 16, 2017 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to approve Final Vesting Map No. 71582, a residential subdivision comprised of 34 multi - family dwelling units and 24 single - family dwelling units, and private streets, located at 540 East Imperial Avenue. (Fiscal Impact: N /A) RECOMMENDED COUNCIL ACTION: 1. Adopt the proposed Resolution, approving Final Vesting Map No. 71582, subject to the conditions in Exhibit A; 2. Authorize the appropriate City Official(s) to sign and record said Map; and /or, 3. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Proposed Resolution; and, 2. Final Vesting Map No. 71582 FISCAL IMPACT: N/A Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A STRATEGIC PLAN: Goal: N/A Objective: N/A ORIGINATED BY: Gregg McClain, Planning Manager2h_ v REVIEWED BY: Sam Lee, Director of Planning and Building Safety Lifan Xu, City Engineer I � W,,, APPROVED BY: Greg Carpenter, City Manager Back round and Discussion On September 28, 2016, the City Council approved an environmental assessment, a specific plan amendment, a subdivision, and a development agreement amendment, all related to the 540 East Imperial Avenue Specific Plan (540 EIASP). The proposed project involves subdividing the former school site at 540 Imperial Avenue into 34 multi - family dwelling units in six building, 24 single- family lots, and private streets. At one time, the property served as administrative offices and classrooms for the former Imperial Avenue Elementary School. The school site was demolished and the project is under construction in accordance with the Council - approvals. M 106 The approval of the final map is contingent on the applicant demonstrating that all conditions of approval associated with the vesting tentative map and requirements of the Los Angeles County Department of Public Works are met. The City and County confirm these preconditions are met at this time. City staff also determined that the final map is in substantial conformance with the General Plan, and applicable zoning and building ordinances. Government Code §66458 states that a final vesting map must be reviewed and approved by a jurisdiction's legislative body. City staff recommends the, City Council adopt the attached resolution approving the final map. The necessary signatures will be obtained subsequent to Council approval and the map will be recorded in the County Recorder's Office. Environmental Review The approval of a final map falls within the scope of the original adopted Environmental Impact Report and subsequent addendum. No further review is required. 107 RESOLUTION NO. A RESOLUTION APPROVING A FINAL VESTING MAP NO. 71582 FOR ENVIRONMENTAL ASSESSMENT NO. EA -1154 AND SUBDIVISION NO. SUB 16 -01, ALLOWING A RESIDENTIAL SUBDIVISION COMPRISED OF 34 MULTI - FAMILY DWELLING UNITS AND 24 SINGLE - FAMILY DWELLING UNITS, AND PRIVATE STREETS AT 540 EAST IMPERIAL AVENUE. The City Council of the City of El Segundo does resolve as follows: SECTION 1: The City Council finds and declares that: A. On January 26, 2012, the El Segundo Planning Commission approved Environmental Assessment No. EA -890, General Plan Amendment No. 10 -03, Zone Change No. 10 -01, Specific Plan 10 -03, Zone Text Amendment No. 10 -06, Development Agreement No. 10 -02, and Subdivision No. 10 -01 for Vesting Tentative Map Nos. 71410 and 71582 to allow for the construction of one of two possible conceptual options on a 5.65 -acre surplus school site. Option 1 consisted of a three -story, 150 unit assisted living complex and a 154 -unit senior apartment/condominium complex. Option 2 consisted of 34 multi - family dwelling units taking access from Imperial Avenue, and 24 single - family dwelling units taking access from Walnut Avenue, for a total of 58 units; & On March 20, 2012, the City Council approved the project and certified the Environmental Impact Report (EIR); C. On May 1, 2016, D.R. Horton Homes CA2 Inc. (the applicant), filed an application with approval from the El Segundo Unified School District (the property owner) for Environmental Assessment (EA No. 1154), Specific Plan Amendment No. 16 -01 for Specific Plan No. 10 -03, Development Agreement Amendment No. 16 -01 for Development Agreement No 10 -02, and Amended Subdivision No. 16 -01 for Vesting Tentative Map No. 71582 for 25 lots, to modify the Option 2 portion of the 540 East Imperial Avenue Specific Plan, to allow construction of a 58 -unit mixed residential development; D. An Addendum to the previously- certified Environmental Impact Report (EIR) was prepared pursuant to the requirements of CEQA Guidelines § 15164; E. On September 8, 2016, the Commission held a public hearing and adopted Resolution No. 2805, recommending that the City Council approve Environmental Assessment (EA No. 1154) for the 540 East Imperial Avenue Specific Plan Amendment, adopt amended Specific Plan -1- 108 No. 16 -01 for Specific Plan No. 10 -03, approve first amended Development Agreement No. 16 -01 for Development Agreement No 10- 02, approve Amended Subdivision No. 16 -01 for Vesting Tentative Map No. 71582, and authorize the City Manager to execute an Affordable Housing Agreement; F. On September 28, 2016, the City Council adopted Resolution No. 4999, approving Environmental Assessment (EA No. 1154), Specific Plan Amendment No. 16 -01 for Specific Plan No. 10 -03, Development Agreement Amendment No. 16 -01 for Development Agreement No 10 -02, and Amended Subdivision No. 16 -01 for Vesting Tentative Map No. 71582; and, G. The Final Vesting Map now requires approval by the City Council. SECTION 2: Final Map Findings. Based upon the entirety of the record including, without limitation, the staff report, the City Council finds that: A. The Final Vesting Map substantially conforms to Vesting Tentative Map. No. 71582 approved by pursuant to City Council Resolution No. 4999; and, B. The Final Vesting Map conforms to the El Segundo Municipal Code and Subdivision Map Act (Government Code §§ 66410, et seq.). SECTION 3: Approval; Authorization. The City Council hereby approves the Final Vesting Map No. 71852 subject to the Conditions of Approval attached as Exhibit A to this Resolution and incorporated into this Resolution by this reference. The Director of Planning and Building Safety and the City Clerk are hereby authorized to sign and record said Map and take any further actions needed to effectuate this Resolution. SECTION 4: This Resolution will become effective immediately upon adoption and remain effective unless superseded by a subsequent resolution. SECTION 5: The City Clerk is directed to mail a copy of this Resolution to Nick Biro, representing D.R. Horton Homes CA2 Inc. and to any other person requesting a copy. SECTION 6: This Resolution is the City Council's final decision and will become effective immediately upon adoption. -2.- 109 PASSED, APPROVED AND ADOPTED this 16th day of May, 2017. Suzanne Fuentes, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO 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, approved and adopted by said City Council at a regular meeting held on the 16th day of May, 2017, approved and signed by the Mayor, and attested to by the City Clerk, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tracy Weaver, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney 110 CITY COUNCIL RESOLUTION NO. Exhibit A CONDITIONS OF APPROVAL In addition to all applicable provisions of the El Segundo Municipal Code ( "ESMC "), D.R. Horton Homes CA2 Inc. (the "Applicant" or "Owner ") agrees to comply with the following provisions as conditions for the City of El Segundo's approval of Final Vesting Map No. 71582: 1. Covenants, Conditions and Restriction (CC &R's) shall be submitted for review and approval by the Director and the City Attorney, and shall apply to both the single family residential component and the multi - family residential component. Said CC &Rs shall reflect the applicable conditions of approval contained in Resolution No. 4999, as adopted by the City Council on September 28, 2016. Further, said CC &Rs shall be recorded prior to issuance of the first Certificate of Occupancy for the development. 2. A Homeowners Association shall be formed to ensure implementation of the recorded CC &Rs, and maintenance of: A. All common open space areas; B. All project related landscape improvements, monuments, irrigation and related equipment, which are to be constructed on any common lots or easements within the project area; C. Private streets, which shall be private and shall have private street maintenance, street sweeping and street lights; D. Storm drain system throughout the development; E. Water and sewer systems serving the multi - family component of the development; and, F. The street light energy costs within the project boundaries; The Homeowners Association shall include the 34 multi - family dwelling units and the 24 single - family residential units. Survev Monurrmentation 3. Prior to recordation of the Final Map, a bond, cash deposit, or combination thereof shall be posted to cover costs to establish survey monumentation in an amount to be determined by the City Engineer. 4. Within twenty -four (24) months from the date of filing the Final Map, the developer shall set survey monuments and tie points and furnish the tie notes to the City Engineer. -4- 111 5. All lot corners shall be referenced with permanent survey markers in accordance with the City's Municipal Code. 6. All corners shall be referenced with permanent survey markers in accordance with the Subdivision Map Act. 7. All conditions of approval associated with Environmental Assessment (EA No. 1154), Specific Plan Amendment No. 16 -01 for Specific Plan No. 10 -03, Development Agreement Amendment No. 16 -01 for Development Agreement No 10 -02, shall remain in full force and effect. 8. D.R. Horton Homes CA2 Inc. and its successors in interest shall indemnify, protect, defend (with legal counsel reasonably acceptable to the City), and hold harmless, the City, and any agency or instrumentality thereof, and its elected and appointed officials, officers, employees, and agents from and against any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs, and expenses of whatever nature, including reasonable attorney's fees and disbursements (collectively "Claims ") arising out of or in any way relating this project, any discretionary approvals granted by the City related to the development of the project, or the environmental review conducted under California Environmental Quality Act, Public Resources Code Section 21000 et seq., for the project. If the City Attorney is required to enforce any conditions of approval, all costs, including attorney's fees, shall be paid for by the applicant. The Applicant agrees to defend the City (at the City's request and with counsel satisfactory to the City) and will indemnify the City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section "the City" includes the City of El Segundo's elected officials, appointed officials, officers, and employees. By signing this document, on behalf of D.R. Horton Homes CA2 Inc., certifies that he /she has read, understands, and agrees to the Project Conditions listed in this document. Name, Title {If Corporation or similar entity, needs two officer signatures or evidence that one signature binds the company} -5- 112 SHEET 1 OF 4 SHEETS TRACT N0. 71582 IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA BEING A SMBDIVFSKW OF LOTS 1, 2, AND 1 AND PWIMS Cf LOTS 6, 7, ANO B DF BLOAT 102 OF EL SEd/NDO, PER MAP ffECORDETI IN (LOCK XO, PAGE 94 OF MISCEALAKWs RECORDSW IN 714E OFiIC•E Or PPE CWHTY RECORDER OF LOS ANGELES COLANTY STA7C OR CALIFORN7h FOR CONDOMINIUM PURPOSES OWNER'S STATEMENT WE HEREBY STATE THAT WE ARE THE OWNERS OF OR ARE INTERESTED IN THE LANDS INCLUDED WITHIN THE SUBDIVISION SHOWN ON THIS MAP WITHIN THE OIS17NCBVE BOARDER LINES, AND WE CONSENT TO THE PREPARATION AND FILING OF SAID MAP AND SUBDIVISION WE HEREBY DEDICATE TO THE CITY OF EL SEGUNDO, THE EASEMENTS FOR PUBLIC ACCESS, PUBLIC UTILITIES, AND EMERGENCY VEHICLE ACCESS PURPOSES. THE EASEMENT FOR SANITARY SEWER PURPOSES. D.R. NORTON CAZ INC. A CALIFORNIA CORPORATION PRINTED NAME: __ PRINTED NAME: TITLE: TIRE: ___ NOTARY ACKNOWLEDGEMENT A NOTARY PUBLIC OR OTHER OFFICER COUPLERNG THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF ME ApRpWI L WHO VALIDITY OF DMMENT TO W, HICH THIS CERTIFICATE IS ATTACHED, AND NOT TIE TRUTHFULNESS, STATE OF CALIFORNIA COUNTY OF ON BEFORE ME, NOTARY PUBLIC, PERSONALLY APPEARED WHO PROVED TO ME ON THE BASIS CO SATTSTACFORY EVIDENCE TO BE W4E. PFD($) WHOSE NAME(S) IS /ARE SUBSCRWO TO THE Of" M1STR1NWfNF AND ACKNOW 0 "Q IQ ME THAT HE/SME/MVY EXULVITA THE SAME IN H)"JEWIMEr 1Q AUTMA AD CAPACrMLISJ AWO THAT BY HAS/HER/WW $4HAW(S) ON THE M5IftAQ', fr Off PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS) ACTED, EXECUTED THE INSTRUMENT.' I CER77FY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND AND OFFICIAL SEAL: SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS IN COUNTY. ... _. PR_ MY COMMISSION EXPIRES ____ (NAME INTED) MY COMMISSION N0: NOTARY ACKNOWLEDGEMENT A NOTARY PUBUC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE AA WAL WHO XkWV THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE MUMFULNESS, AOCMRACY, OR VALQ'FY OF THAT DOCUMENT. STATE OF CALIFORNIA COUNTY CF Co ti BETQRE ME, NOTARY PUBLIC, P£RSCNALLY APFEARip WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EITOENCE 10 BE W PERSW!(S) WHOSE NAME(5) IS /ARE SUBSCRIBED TO THE %I?M INSTRUMENT AND A00JO HEDGM TD ME THAT HEM /fHfY LXE(L IJW THE SAME IN H19AdER/DIEW AUIHM&D CAPACJT'R'lESj AND MAT BY TB$AH1ER/iFefAi SOIIARME(S) ON THE INSTR WMI THE PCRSON(S), IMP FIFE ENTITY UPLH BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERAIRY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND AND OFFICIAL SEAL: SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS IN COUNTY. —_ MY COMMISSION EXPIRES (NAME PRINTED) MY COMMISSION N0: SIGNATURE OMISSION NOTES: THE SIGNATU RES OF THE FOLLOWING HAVE BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436 (a)(J)(C) OF THE SUBDIVISION MAP ACT, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURES ARE NOT REQUIRED BY THE LOCAL AGENCY, DIM ENERGY, INC., AS HOLDER OF OIL RIGHTS, MINERAL RIGHTS, NATURAL GAS RIGHTS, OTHER HYDROCARBONS, THE PERPETUAL RIGHT TO DRILL, MINE, EXPLORE AND OPERATE FOR AND PRODUCE. STORE AND REMOVE ANY OF THE SUBSURFACE RESOURCES AS RESERVED IN A DEED RECORDED OCTOBER 3, 2016, AS INSTRUMENT NO, 20161201465, O.R. CONDOMINIUM NOTE MIS TRACT IS APPROVED AS A COMDDMAAUM PR%CT FG4 J4 IMM WIADMBY THE f)WNTRS OF THE UNITS OF AIR STACE TALL MOLD AM L4TGHDE0 ANIBS'EST IN HIE COMMON AREAS THAT WILL, IN TURN, PROVIDE THE NECESSARY ACCESS AND UTILITY EASEMENTS FOR THE UNITS. SURVEYOR'S STATEMENT THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY PEW011 TLp BY ME OR W -R MY DARECTION IN JULY, 20*, IN COYFCRMANCE WITH 114E MEOU JE99NIS OF THE SUBDIVISTW MAP ACT AND LOCAL CROVHANCE AT PC REQUEST OF WESTERN PACIFIC HOUSING, ING I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS 70 T/K CLM4DIDONALLY APPRpYEO TG47AT1VE MAP,• THAT ALL MONUMENTS OF THE CT4ARA CTER AND LD6I PCIN SHOWN 7VEREOI+ ARE ,W PLACE OII WILL BE IN PLACE WITHIN 24 MONTHS FROM THE FILING DATE SWO HEREON, TMAT SAID MONWEHTS AFC.SW MMT TO EMAIXE THE SURVEY TO BE ITRACM THAT 77E NpI[S TO ALL CVMRLM MOYOM EDITS SHOW AS 'TO BE SET" WILL BE ON FILE IN THE OFFICE OF THE CITY ENGINEER WITHIN 24 MONTHS FROM THE FILING DATE SHOWN HEREON. CHARLES J MOORE, L.S. 9106 DATE CITY ENGINEER'S CERTIFICATE � LANG .AS { v � L.'k 9104 I.HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND THAT IT CONFORMS SUBSTANTIALLY TO 1711E TENTATIVE MAP AND ALL APAAOL¢'Q ALMIZADONS 04PEOr; MAT ALL P*0WS(0N9 Or THE SLLBBTNS'RW ORDINANCES OF THE Cln'OF EL SEGVAW APPLICABLE AT THE 1I16iE GY AIWROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH, THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT SECBOf1'66442 (AXT ( AND (.1 HAVE BEEN CpvPm WIDE• ANTI THAT I AM SATISFIED IMAT FHY5 MAP IS CIT CALL Y : CT WITH RESPECT M CITY REC"S BY LIFAN XU R.C.E. NO. 72237 CITY ENGINEER, CITY OF EL SEGUNDO DATE: COUNTY ENGINEER'S CERTIFICATE I HEREBY STATE THAT I HAVE EXAMINED THIS MAP; THAT IT COMPLIES WITH ALL PROVISIONS OF STAIC LAW APPUP AIILE AT Art TINE OF APPROVAL OF THE TENYAPM MAP; AND MAT I AM SAFMAEO IMAM 6115 MAP IS T'ECAWALLY 0DNRECT IN ALL RESPECTS WT aft*IEB. BY THE CITY ENGINEER. BY: FABRIZIO G. PACHANO, DEPUTY L S. NO. 7274 OATS CITY CLERK'S CERTIFICATE I HEREBY ME r THAT THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, BY A MOTION, DULY SECONDED AMD PASSEYA APPROVED THE ATTACHED MAP ON THE — DAY OF ' 'a � AND ACCEPTED ON BEHALF OF THE CITY OF EL SEGUNDO: THE EASEMENTS FOR PC ACCESS, PUBLIC UTILITIES, AND EMERGENCY VEHICLE ACCESS PURPOSES. THE EASEMENT FOR SANITARY SEWER PURPOSES. PURSVANT M SECTONS %304g AND 66490.2'0.2 OF THE W MNSTON MAP ACT, THE FILING OF MIS TRACT C10N9TITUTES ABANY.111F4MENT OF NF EASEMENT ACOWWO BY W CITY OF EL %QlAliOD FOR SANITARY SEWER AND INOENFAL PLOMSES, RECOWD AM 1, 1953 IN 80Q9 47ML PACE 320, O.R. ALL PORTIONS OF SAID EASEMENT WTHIN 9X BOLMlRY OF THIS MAP ARE HEREBY ABANDONED AND NOT SHOWN ON THIS MAP DATE: CITY CLERK, CITY OF EL SEGUNDO CITY TREASURER'S CERTIFICATE I HEREBY CERTIFY THAT ALL SPECIAL ASSESSMENTS LEVIED UNDER THE JURISDICTION OF THE CITY OF EL SEGUNDO TO WHICH THE LAND INCLUDED WITHIN THIS SUBDIVISION OR ANY PART THEREOF IS SUBJECT, AND WHICH MAY BE PAID IN FULL, HAVE BEEN PAID IN FULL DATE: CITY TREASURER, CITY OF EL SEGUNDO PLANNING COMMISSION'S CERTIFICATE I HEREBY CERTIFY THAT THE PLANNING COMMISSION OF THE CITY OF EL SEGUNDO BY RESOLUTION no. ADOPTED AT ITS SCSSICR 100 ON THE ___ DAY OF APPRDIED ME AWHEAEI) MAP AND SVEIOWM. *V. DATE: SECRETARY OF THE CITY OF EL SEGUNDO PLANNING COMMISSION COUNTY TAX CERTIFICATES: 1 HEREBY CERTIFY THAT ALL CER77FICATES HAVE BEEN FILED AND DEPOSITS HAVE BEEN MADE THAT ARE REQUIRED UNDER THE PROVISIONS OF SECTIONS 66492 AND 66493 OF THE SUBDIVISION MAP ACT. Elfi nW OFFICER, BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES, STATE OF CALIFOR" BY: DATE DEPUTY I IKAEBY CERWY THAT $E0)WlY IN BHE AMOUNT Or =W,_____ IIAS BEEN F0.Fe WIN PC EXECUTIVE- OTICY72, BOARD OF STRIFA17iTPP5 OLF BIE COIATTY aF LDS AN4`ELL5 A$ ST"ry FOR THE PAYMENT OF IAATS ANO9IYC +AL ASSESSI1- COL[fO1 AS TAA[S ON THE LAND SHOWN ON MAP OF TRACT NO. 72334 AS REWIRED BY LAW. P:XEWFPVE OFFICER, BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES, STATE OF CA"NIA BY DATE: DEPUTY 113 SCALE: 1"=60' PER RL DOM PER R3, DOW 0 3'. HTS 3 TIES AS 9TT. i REF NOT Q 06' AND 4 TIES TO W'SayxA. ww t'�5MEAD LINE, mak� RI. 1aACr I�rx rER ley { xE5 1 FYA SYa i6-1P Nflr POw10 4 iFS 1® pE Ea'T fn O O U b 5 (if y� j m F- W N I 3 � v) N � O OI a (�j Map73P'X+'II' raw c'oRNEa avr a � BaOCR TOP. ES RR AI ar 4r'PPRp't 7. d g rDIR6a Ekr aN cvRa rra LIB a Z TRACT N0. 71582 IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA FOR CONDOMINIUM PURPOSES rt IMPERIAL AVENUE � �-- --- ✓J1379" ^ NW COR. LOT 3, RI o. mw w� �C o� NW COR. Ln. /!N'l�r. NF CoweY acm LOT 2, RI LOT 1, RI lai ";,a , NRYaafcFwfL FCIIIAI P' WON PIPE, TAGGED LS 7191', DOWN 0.6', NO REFERENCE. oy� 3a p O� p 5 TNROOGN B, 9LOL'K 1 PS%Y IPaG AMPH ! x f024: 101 N. RI & R4 WLY ONE, SOUTH 120', LOT 6, R12& R4 41",:P7YE 22.56' M 14'E 133.98' NL"Zirr - Ni al6P'SFW"W t o� �O LINE, NORTH WEST HALF, H, R1 & R4 I N89'S9'21'W 13398' II r1, NAT NOT A PART OF THIS SUBDIVISION PFSTaL 8I So po 0 25' o C SL �EO! 2 I T SW OCR. �� SW CDR. LIE LOT 6. RI LOT 7. 11 E -- I N:aA' �5}/ IJ3.9B' 13198' 9J.29' I�^F N!�'SPi1'W ET 588.52'` NB959'21'W 613.53' — ESTAIIUSHED CL INTERSECVON ON SEWER r WALNUT AVENUE MAN_ COVER USING 2 SWING TIES 'LS 5846' ON CURB PER CFB D -17. ACCEPTED AS Q INT. 2 ADDITIONAL TIES TO BE SET. BASIS OF BEARINGS THE BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE OF IMPERIAL AVENUE, BEING NORTH 69'58'50" WEST AS SHOWN ON TRACT NO. 46345, FILED IN BOOK 137129 -30 OF MAPS. RECORD REFERENCES R1 - EL SEGUNDO, MB 20124. R2 - TRACT NO. 46345, MB 1137129 -30. R3 - TRACT NO. 15692, MB 418145 -48. R4 - GRANT DCLO'REGORDED 9130116, INST. NO. 2011- 119FIIO O.R. LEGEND CE - CENTERLINE CFB - EL SEGUND0 CITY FIELD BOOK CDR. - CORNER CSFB - COUNTY SURVEYORS FIELD BOOK ESTAa. - ESTABLISHED INT. - INTERSECTION L &T - LEAD It TACK PM - PUNCH MARK PROD, - PROVUCTION S &T - SPIKE & TAG SMH -SEWER MANHOLE E'LY - EASTERLY NIL Y - NORTHERLY SLY - SOUTHERLY WLY - WESTERLY VAR - VARIES SHEET 2 OF 4 SHEETS LEGEND INDICATES THE BOUNDARY OF THE LAND BEING SUBDIVIDED BY THIS MAP, FOUND SPME NO TAG, NO fw --. PER R3, DOW 0 3'. HTS 3 TIES PER CFB 8 -19, ACCEPTED AS WT. PER R3. 1 ADDITIONAL TIE Q TO BE SET ku or _ 14'07 FOIA'N Oro!IC. !IO rAF NO f9I Ree s1. 001K! aa'. ACiEPAED AS NpY Ea00. (/ YAr a9; 1aACr I�rx rER ley { xE5 o FYA SYa i6-1P Nflr POw10 4 iFS 1® pE Ea'T F- O O U U U (if U 8, RI- SE CORNER BLOCK 102, MONUMENT NOTES ALL Q TIES NOTED AS 'TO BE SET- WILL BE A LEAD, TACK & TAG STAMPED 'LS 9106'. A LEAD, TACK & TAG "LS 9106" TO BE SET IN TOP OF CURB ON ALL SIDE LOT LINES PRODUCED, A LEAD, TACK & TAG "LS 9`06' TO BE SET IN TOP OF CURB AT THE BEGIN AND ENO OF CURVES OF THE RIGHT OF WAY OF INTERIOR STREETS, AT A PRODUCTION OF THE RADIAL BEARING. ❑ -SPIKE & WASHER TAGGED 15 9106' TO BE SET FLUSH. 0 - SEARCWA NOTHING rO", aiA$aSHED BY M'TENW04N,. 2" IRON PIPE rAGGEO "LS 9106' TO BE SET, FLUSH. ❑ 2 -AWW 2" IRON PIPE & ILLEOWE TAG, DOWN 0.3, ACCEPTED PER R2. 2" IRON PAPS TAGGED 'LS 9106' TO BE SET, FLUSH. n 33 - SEAWIM, NOVOING FOUND OR SET, ESTABLISHED BY PROPORZION R£4 RI.. ❑4 - STARCNEO, NOTHING FOUND OR SET, ESTABLISHED BY INTERSECTION. F5 -WILY PRIAD., EAST IRK BLOCK 102 ESTAW510 AT 176.40' WLY FROM WLY LINE OF TRACT 15692. PER R3. ESTABLISHED POSITION FITS FOUND SPIKE & ILLEGIBLE WASHER, DOWN 0.4, NO REFERENCE. M -S'LY PNCO., EAST U1W %= 10, FOUND SMVr Wflr UEME WASTER PER R3, DOWN 0.1. RES PER CFB D -19 NOT FOUND, ACCEPTED AS SLY PROD., EAST LINE BLOCK 102, PER R3 114 F- W "AiT FZ- o � U U EAST (j 8, RI- SE CORNER BLOCK 102, 1 + ESTAB. BY INTERSECRON II' FOUND LT &T 15 7191 ", NO REFERENCE. Map73P'X+'II' �aw' 0. iST 44.99' 755.52' g rDIR6a Ekr aN cvRa rra LIB ESTABLSHED AT !e4 PA' nY SLY PROD. 14*1- 10X. 6 M1. FALLS ON SEWER 0 -T . AtE[PO[p SAS i Pail AMAW= COVER, 4 TIES TO fir SET MONUMENT NOTES ALL Q TIES NOTED AS 'TO BE SET- WILL BE A LEAD, TACK & TAG STAMPED 'LS 9106'. A LEAD, TACK & TAG "LS 9106" TO BE SET IN TOP OF CURB ON ALL SIDE LOT LINES PRODUCED, A LEAD, TACK & TAG "LS 9`06' TO BE SET IN TOP OF CURB AT THE BEGIN AND ENO OF CURVES OF THE RIGHT OF WAY OF INTERIOR STREETS, AT A PRODUCTION OF THE RADIAL BEARING. ❑ -SPIKE & WASHER TAGGED 15 9106' TO BE SET FLUSH. 0 - SEARCWA NOTHING rO", aiA$aSHED BY M'TENW04N,. 2" IRON PIPE rAGGEO "LS 9106' TO BE SET, FLUSH. ❑ 2 -AWW 2" IRON PIPE & ILLEOWE TAG, DOWN 0.3, ACCEPTED PER R2. 2" IRON PAPS TAGGED 'LS 9106' TO BE SET, FLUSH. n 33 - SEAWIM, NOVOING FOUND OR SET, ESTABLISHED BY PROPORZION R£4 RI.. ❑4 - STARCNEO, NOTHING FOUND OR SET, ESTABLISHED BY INTERSECTION. F5 -WILY PRIAD., EAST IRK BLOCK 102 ESTAW510 AT 176.40' WLY FROM WLY LINE OF TRACT 15692. PER R3. ESTABLISHED POSITION FITS FOUND SPIKE & ILLEGIBLE WASHER, DOWN 0.4, NO REFERENCE. M -S'LY PNCO., EAST U1W %= 10, FOUND SMVr Wflr UEME WASTER PER R3, DOWN 0.1. RES PER CFB D -19 NOT FOUND, ACCEPTED AS SLY PROD., EAST LINE BLOCK 102, PER R3 114 ,06rf a OOVS _ .00rs 'din -.YODrc - 3XCroc" .II = w gay H--- - U J S 8 t I -Si i o. ldlnOD AHI&VO-W Z LO � s LL " g' W W � Eu @BBi3 O 2 _ of 9 0� —I - ,L6'Zr9 .BY9B1 •�� AY2[4 3,ZL,I0.00N •� 1 9 y17 } %('DD �Oi9 •� 7XL�Z{1-00lI k M X7r9 JOO'S2 a y7T.IW m }°� son 19 ' I I L14 -'� ,oar * bray .LVia xura9ax v W- 16 I I � �r A4� � _ .T C I$ • Vn4 "` I nl n ' (dTD AD'" ZO AorS AP'ii � ,VI'6C } X01 ti — esvrt mum 31vm" 3Xi.;L G4 Aa al 3 — — _3NV7 836WV� �j> :�y�y K pKOr; I,- oari C 3 .19'LLZ . b'� l�l i1i.Zaaw�' lii ^�� w' Y clq aO — 133t11S N0073HS L W 1 SL ,06rf a OOVS _ .00rs 'din -.YODrc - 3XCroc" .II = w gay H--- - U J S 8 t I -Si i o. LO Eu @BBi3 9 0� —I a W- ZO ti a I I W ZO O W — 133t11S N0073HS W n n' w � I z 30V7d ONia - (133alS 31VAlad) V. 101 -- ,OS'OrZ 3Xi.Z0.00N 4 o y O � bI Wj UU O N '^ 2 N Na vl : ey rya h q�. N • � W � Wez #�> W wuw w� z x O 0 ,06rf a OOVS _ .00rs 'din -.YODrc - 3XCroc" .II = w gay H--- - U 115 Eu @BBi3 115 W 0 W ill O h �I J U � @6 ff dy� d uYY,> O 6� O z w3a W� w w WSW W� 3.ZZ,la00N — ImTf T-I V t ti O r L6'6Y9 � @6 ff dy� d uYY,> O 6� O z w3a W� w w WSW W� 3.ZZ,la00N — ImTf T-I V � 19 nN cps IN ZLY01 3�C,ZO.OaN � I �i 'I � I v ff dy� d uYY,> O 6� O z w3a W� w w WSW W� 3.ZZ,la00N — ImTf T-I V ,wncc .00rs 116 � 19 nN cps IN ZLY01 3�C,ZO.OaN � I �i 'I � I v 00 0 I.x 1 1 Oa (133611S 31VAINd) 3N :. /\ O I f � A GM1j 19'ZLZ Xw ' O, iLC.MW0 — o /\ `r Q �r .Lt Y01 --.- -- iLCR-w ��Tv �,� Z. 4 .".7, +I�ClGOG!- ZS k t� Pi$ �I� - - .aS_ - - - - -` J I k f o � I • 0� Z Iwi. n 2 33 � N n � � ^I Z �°- zsaot -- ' J,1C,tt79CN a � I J VI O W SE G e N � ,ccss ,oszs W p t3P - � .cL'x .oars W °s I I $ m nj8 N 4 ---- - - - - -- &�� -- � y, Sl .CdTN• .oai9 i. } ik t•xx, (133HI5 31YAI -) - 1�$", `.SS�''Po�•Y� .aSOYL .0 1Sf,i0.LRN�� r .V, 101 xtr,aimw� -,LC --- I�!" � .[ �, ,RP'IC .._ -- .- .•'OOYS 1. I� � I �I �I� � it �` �i. x _ �➢zt __ ^,..- j,i{',dA0p11 i1 I'' a^ � a= N• a ,wncc .00rs 116 EL SEGUNDO CITY COUNCIL AGENDA STATEMENT AGENDA DESCRIPTION: MEETING DATE: 05/16/17 AGENDA HEADING: Consent Agenda Consideration and possible action authorizing the Fire Department to purchase a new 2017 Chevy Suburban All Wheel Drive Command Vehicle. (Fiscal Impact: $77,634.33) 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 Los Angeles County ISD Request for Bid Number: RFB -IS- 17201166 -1, for the purchase of anew command vehicle. 2. Authorize the City Manager to execute an agreement, in a form approved by the City Attorney, to purchase one 2017 Chevy Suburban AWD SUV command vehicle with available equipment replacement funds; 3. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Purchase Order Diversified Leasing 2. Cost Submittal with Disabled Veterans Discount 3. Diversified Leasing Bid Submittal 4. Original Request for Bid FISCAL IMPACT: ($77,634.33) Amount Budgeted: $77,634.33 Additional Appropriation: N/A Account Number(s): 601 - 400 - 3202 -8105 (Equipment Replacement) STRATEGIC PLAN: Goal: 2 El Segundo is a safe and prepared City Objective: The City has a proactive approach to risk and crime that is outcome focused. The City is prepared to respond appropriately when called upon with positive outcomes. Constituent perceptions of safety are aligned with service delivery. ORIGINATED BY: Shawn Bonfield, Battalion Chief $13 REVIEWED BY: Chris Donovan, Fire Chief) APPROVED BY: Greg Carpenter, City Manager.AL BACKGROUND AND DISCUSSION: The El Segundo Fire Department currently operates a 14 year old Ford Excursion that is used by the on -duty Battalion Chief and serves as the field incident command vehicle for daily use and 0 117 emergency incident response. Due to the age of the current command vehicle and the advancement in technology, the fire department requests replacing the current command vehicle with a more fuel efficient emergency response vehicle (this purchase will allow the City to comply with AB2766 the Motor Vehicle Subvention Program, which is aimed at reducing air pollution from motor vehicles). In addition to advanced fuel efficiency, a new command vehicle will have state - of -the -art communication equipment and technology to better manage and mitigate emergency incidents. The El Segundo Fire Department, unlike surrounding cities, does not have a back -up command vehicle that is equipped to sufficiently handle emergency incidents. When the current command vehicle requires maintenance the department's only vehicle availability is a utility truck that is not equipped to handle emergency responses. Resources are marginal at best on the utility truck due to the lack of emergency communication equipment, such as a mobile data computers and mobile radios. If approved to purchase a new command vehicle, the current command vehicle will be placed into reserve status and will be utilized in the event of strike team deployments, major disasters, or for use during routine maintenance of the front line command vehicle, allowing for the surplus of the existing utility truck. If approved to purchase this vehicle, the fire department will then start a Request For Proposal (RFP) that will include a customized command box which will be permanently mounted in the rear cargo area of the Suburban, along with emergency mobile radios, mobile data computers and other equipment and technology needed to more effectively manage and mitigate emergency incidents. A subsequent staff report will be presented for consideration to complete the build -out of a new command vehicle which will remain in service a minimum of ten (10) years. Funds for the command box and emergency radio equipment have been identified within the existing equipment replacement budget. The new All -Wheel Suburban, along with the custom command box and emergency communication equipment will meet the City strategic plan of supporting community safety and preparedness and will dramatically improve service delivery capabilities. To purchase this vehicle in a timely manner, the fire department would like to piggy -back off the Los Angeles County Fire ISB contract (RFB -IS- 17201166 -1) and purchase the vehicle through the awarded vendor Diversified Leasing (Order Number: PO- FR- 17323870 -1). 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 Los Angeles County's competitive bid process and its awarded vendor, Diversified Leasing. The El Segundo Fire Department would like to utilize this contract due to reduced pricing as a result of economies of scale and other discounts. Los Angeles County will be purchasing 14 vehicles which drops the unit price and they are being provided a 15% discount further reducing the final cost from $91,334.50 to $77,634.33 per vehicle. The City has accumulated money in the equipment replacement fund in order to allow us to replace the current command vehicle, as well as command box and emergency radio equipment. Because of the existing contract between the County of Los Angeles and Diversified Leasing, staff request the City Council consent to the City "piggy- backing" on the existing contract, as allowed by ESMC § 1 -7 -11. 118 PURCHASE ORDER DIVERSIFIED LEASING 119 4+t LOS ANGELES COUNTY FIRE DEPARTMENT r PURCHASE ORDER *1L6 FOR VENDOR PAYMENT INQUIRIES PLEASE REFER TO ORDER NUMBER AWARD DATE httns:ll�aer�vss.lacounty govli. agini, xternall PaeslEacovys- delat- contacts,t�df PO -FR- 17323870 -1 04/24/17 BILL TO: ALL ITEMS AND CONDITIONS IN THE SOLICITATION ARE PART OF THIS ORDER AS IF FULLY REPRODUCED HEREIN. FIRE DEPARTMENT ADDRESS ALL INQUIRIES AND CORRESPONDENCE TO: FIRE- INVOICESUBMISSION @FIRE.LACOUNTY.GOV Financial Management Contact : Anet Charbakhsh PO Box 910901 Phone : 323 - 267 -2215 Commerce CA 90091 Email : acharbakhsh @isd.lacounty.gov VENDOR NAME, STREET, CITY, STATE, ZIP CODE: SHIP FOB DESTINATION TO: (UNLESS SPECIFIED ELSEWHERE) FIRE FLEET SERVICES DIV -ADMIN DIVERSIFIED LEASING 1330 W. MAIN ST. 1104 N. EASTERN AVE #26 - FFS SPECIAL SERVICES ALHAMBRA CA 91801 LOS ANGELES CA 90063 PROCUREMENT FOLDER: 1250218 CONTACT FOR DELIVERY INSTRUCTIONS (NAME, TELEPHONE) FUND#40228 DELIVERY DATE FOB POINT AGENCY REQ. CONTRACT NUMBER TOTAL AMOUNT OF ORDER NUMBER 11/17/17 FOB Destination, Freight Prepaid and Allowed 68# B23 $1,278,778.90 DATE PRINTED VENDOR NO. TERM i TERM 2 TERM 3 TERM 4 PROMPT 04/24/2017 175474 PAYMENT DISCOUNT: 0.00 DISCOUNT: DISCOUNT: 0.00 DISCOUNT: 0.00 TERM DAYS: 30 DAYS: 0 DAYS: 0 DAYS: 0 LINE COMMODITY /SERVICE DESCRIPTION QUANTITY UOM UNIT PRICE EXTENDED NO. AMOUNT NOTICE TO VENDORS: ALL ITEMS LISTED ON VENDOR PACKING SLIPS AND INVOICES MUST REFLECT THE CORRESPONDING PURCHASE ORDER COMMODITY LINE NUMBER. ALSO, THE ORDER NUMBER MUST BE REFERENCED ON ALL PACKING SLIPS AND INVOICES. 1 COMMODITY CODE: 070- 57 -00- 0000000 14.00000 EA $83,984.000000 $1,175,776.00 SUPPLIER PART NO: SALES TAX AMOUNT: $102,880.40 STOCK ITEM DESCRIPTION: DESCRIPTION: MAKE/MODEL: 2017 CHEVROLET SUBURBAN VEHICLE - SUV, AWD, 11,000 LBS. GVWR, 6.0 LITER / V -8 ENGINE, 6 -SPEED AUTO - PER THE ATTACHED SPECIFICATIONS LABELED AS EXHIBIT A / #FD737- 16 -17. CAPITAL ASSET #159 UNIT CODE# 40228 LA County is pleased to provide online access to the new Vendor Self- Service (VSS) Portal: IkUp:lflacuvss- acouncy ptry Go to the portal home page to find out more about the benefits to vendors who do business with the County. Digitally signed by Anet Charbakhsh A n et C h a rba kh s h ON: cnRAnet Char"Akluh,oaln[emnl5eevices oepulment, ou=counly a( Los Angeks, eenaA =AClwtrakhsh4sFStlJACanniy.gov. [ =U5 Date: 2017.04 28 05:32:20 - 07'00' COUNTY OF LOS ANGELES 120 PRICE SHEET PURCHASE ORDER ORDER NO: PO -FR- 17323870 -1 VENDOR NO: 175474 Page VENDOR: DIVERSIFIED LEASING 2 LINE NO. COMMODITY /SERVICE DESCRIPTION QUANTITY UOM UNIT PRICE EXTENDED AMOUNT OBJECT CODE: # 6049 68# B231931 TERMS AND CONDITIONS IN ACCORDANCE WITH SOLICITATION # RFB -IS- 17201166 2 COMMODITY CODE: 070- 57 -00- 0000000 70.000000 EA $1.750000, $122.50 SUPPLIER PART NO: SALES TAX AMOUNT: $0.00 DESCRIPTION: TIRE TAX ($1.75 PER TIRE X 14 VEHICLES) - PER THE ATTACHED SPECIFICATIONS LABELED AS EXHIBIT A / #FD737- 16 -17. Prices are exclusive of federal excise tax. Exempt Certificate No. 95 7400 14K. Prices, terms and conditions are in accordance with Solicitation RFB -IS- 17201166. Delivery: 120 - 180 Days ARO CAPITAL ASSET #159 UNIT CODE# 40228 OBJECT CODE: # 6049 68# B231931 TERMS AND CONDITIONS IN ACCORDANCE WITH SOLICITATION # RFB -IS- 17201166 121 SPECIAL TERMS & CONDITIONS I PURCHASE ORDER ORDER NO: PO -FR- 17323870 -1 VEN l DO VENDOR: DIVERSIFIED LEASING P i e 1 CANCELLATION: THE COUNTY OF LOS ANGELES RESERVES THE RIGHT TO CANCEL THIS PURCHASE ORDER IF DELIVERY OR SERVICES PROVE UNSATISFACTORY (DEFAULT) AND MAY PROCURE THE ARTICLES OR SERVICES FROM OTHER SOURCES AND MAY DEDUCT FROM UNPAID BALANCE DUE THE VENDOR AND /OR MAY COLLECT AGAINST THE BOND OR SURETY FOR EXCESS COSTS SO PAID. THE PRICES PAID BY THE COUNTY OF LOS ANGELES SHALL BE CONSIDERED THE PREVAILING MARKET PRICE AT THE TIME SUCH PURCHASE IS MADE. COUNTY OF LOS ANGELES SHALL BE SOLE JUDGE AS TO SATISFACTORY PERFORMANCE. SELLERS PERMIT #102787921 F.O.B. DELIVERED. FREIGHT PREPAID AND ALLOWED VENDOR: PAYS FREIGHT COST, OWN TITLE IN TRANSIT, FILE CLAIM(S) COUNTY: TAKES OWNERSHIP AT DESTINATION PRE - PRINTED TERMS AND CONDITIONSBIDDERS CONTRACT DOCUMENTS BIDDERS PRE - PRINTED TERMS AND CONDITIONS OR RESTRICTIONS COMMONLY APPEARING ON THE REVERSE SIDE OF LETTERS SUBMITTED WITH THE BID AND /OR BIDDERS SPECIFICATIONS MATERIAL AND CONTRACT DOCUMENTS WILL BE DISREGARDED IN THE ABSENCE OF A POSITIVE WRITTEN STATEMENT FROM BIDDER THAT ALL OR A PARTICULAR PORTION OF SUCH WRITINGS ARE IN ADDITION TO OR SUPERSEDE THE COUNTY TERMS AND CONDITIONS. MANUFACTURER'S WARRANTY COVERING PRECEDING EQUIPMENT ON PARTS & LABOR: BASIC - (3) YEARS / 36,000 MILES DRIVE TRAIN - (5) YEARS / 60,000 MILES CONTRACTOR'S FAILURE TO MAINTAIN OR TO PROVIDE ACCEPTABLE EVIDENCE THAT IT MAINTAINS THE REQUIRED INSURANCE SHALL CONSTITUTE A MATERIAL BREACH OF THE CONTRACT, UPON WHICH COUNTY IMMEDIATELY MAY WITHHOLD PAYMENTS DUE TO CONTRACTOR, AND /OR SUSPEND OR TERMINATE THIS CONTRACT. COUNTY, AT ITS SOLE DISCRETION, MAY OBTAIN DAMAGES FROM CONTRACTOR RESULTING FROM SAID BREACH. ALTERNATIVELY, THE COUNTY MAY PURCHASE THE REQUIRED INSURANCE, AND WITHOUT FURTHER NOTICE TO CONTRACTOR, DEDUCT THE PREMIUM COST FROM SUMS DUE TO CONTRACTOR OR PURSUE CONTRACTOR FOR REIMBURSEMENT. DEFAULT: IN THE EVENT VENDOR FAILS TO PERFORM HEREUNDER AND DOES NOT CURE SUCH FAILURE WITHIN FIFTEEN (15) CALENDAR DAYS OF THE DATE COUNTY'S NOTICE WAS SENT TO VENDOR, COUNTY MAY, AT ITS SOLE DISCRETION, CANCEL OR TERMINATE THIS PURCHASE ORDER. SUCH CANCELLATION OR TERMINATION SHALL BE AT NO COST TO COUNTY. SHOULD COUNTY SO CANCEL OR TERMINATE, COUNTY MAY AT ITS SOLE DISCRETION, PROCURE THE ITEMS OR SERVICES FROM OTHER SOURCES AND VENDOR SHALL BE LIABLE TO COUNTY FOR ANY AND ALL EXCESS COSTS, DETERMINED BY COUNTY, FOR SUCH ITEMS OR SERVICES. TERMINATION FOR CONVENIENCE: THIS AGREEMENT MAY BE TERMINATED, WHEN SUCH ACTION IS DEEMED BY COUNTY TO BE IN ITS BEST INTEREST. TERMINATION SHALL BE EFFECTED BY DELIVERY TO VENDOR OF A NOTICE OF TERMINATION SPECIFYING THE EXTENT TO WHICH PERFORMANCE OF AGREEMENT IS TERMINATED AND THE DATE UPON WHICH SUCH TERMINATION BECOMES EFFECTIVE, WHICH SHALL BE NO LESS THAN TEN (10) DAYS AFTER THE NOTICE IS SENT. AFTER RECEIPT OF A NOTICE OF TERMINATION, VENDOR SHALL SUBMIT ITS TERMINATION CLAIM AND INVOICE TO COUNTY, IN THE FORM AND WITH ANY CERTIFICATIONS AS MAY BE PRESCRIBED BY COUNTY. SUCH CLAIM AND INVOICE SHALL BE SUBMITTED PROMPTLY, BUT NOT LATER THAN THREE MONTHS FROM THE EFFECTIVE DATE OF TERMINATION. UPON FAILURE OF VENDOR TO SUBMIT ITS TERMINATION CLAIM AND INVOICE WITHIN THE TIME ALLOWED, COUNTY MAY DETERMINE ON THE BASIS OF INFORMATION AVAILABLE TO COUNTY, THE AMOUNT, 22 IF ANY, DUE TO VENDOR IN RESPECT TO THE TERMINATION, AND SUCH SPECIAL TERMS & CONDITIONS I PURCHASE ORDER ORDER NO: PO -FR- 17323870 -1 VENDOR NO: 175474 Page VENDOR: DIVERSIFIED LEASING 1 4 DETERMINATION SHALL BE FINAL. WHEN SUCH DETERMINATION IS MADE, COUNTY SHALL PAY VENDOR THE AMOUNT SO DETERMINED. VENDOR SHALL HONOR PURCHASE ORDERS ACCEPTED ON OR BEFORE THE EFFECTIVE DATE OF TERMINATION. TERMINATION FOR FAILURE TO OPERATE IN ORDINARY COURSE: VENDOR'S STABILITY WAS ANDAS A PRIMARY BASIS FOR ENTERING INTO AND CONTINUING WITH AGREEMENT, THEREFORE, COUNTY MAY TERMINATE ANY AGREEMENT BY THIRTY (30) DAYS WRITTEN NOTICE SHOULD VENDOR FAIL TO CONTINUE TO DO BUSINESS IN THE ORDINARY COURSE. TERMINATION FOR GRATUITIES: COUNTY MAY, BY WRITTEN NOTICE TO VENDOR, TERMINATE THE RIGHT OF VENDOR TO PROCEED UNDER ANY AGREEMENT UPON TEN (10) DAYS WRITTEN NOTICE, IF IT IS FOUND THAT GRATUITIES IN THE FORM OF ENTERTAINMENT, GIFTS, OR OTHERWISE WERE OFFERED OR GIVEN BY, OR ANY AGENT OR REPRESENTATIVE OF VENDOR, TO ANY OFFICER OR EMPLOYEE OF COUNTY WITH A VIEW TOWARD SECURING A CONTRACT OR SECURING FAVORABLE TREATMENT WITH RESPECT TO THE AWARD OF AMENDING,OR THE MAKING OF ANY DETERMINATIONS WITH RESPECT TO THE PERFORMING, OF SUCH CONTRACT. IN THE EVENT OF SUCH TERMINATION, COUNY SHALL BE ENTITLED TO PURSUE THE SAME REMEDIES AGAINST VENDOR AS IT COULD PURSUE IN THE EVENT OF DEFAULT BY VENDOR. 123 STANDARD TERMS & CONDITIONS j PURCHASE ORDER ORDERNO: PO -FR- 17323870 -1 VENDOR NO: 175474 Page VENDOR: DIVERSIFIED LEASING 5 COUNTY OF LOS ANGELES FEDERAL TAX EXEMPTION CERTIFICATE The undersigned hereby certifies that he is a deputy purchasing agent of the county of Los Angeles. A political subdivision of the State of California, that he is authorized to execute this certificate and that the article or articles indicated in this purchase order are for exclusive use of the county of Los Angeles, a political subdivision of the State of California. It is understood that the exemption from tax in the case of sales of articles under this exemption certificate to the states or political subdivisions thereof, is limited to the sale of articles purchased for their exclusive use and it is agreed that if articles purchased tax free under this exemption certificate are used otherwise or are sold to employees or others, such fact must be reported by me to the vendor or the article or articles covered by this certificate. It is also understood that the fraudulent use of this certificate to secure exemption will subject the undersigned and all guilty parties to a fine of not more than $10,000 or to imprisonment for not more than five years, or both, together with cost of prosecution. County purchasing Agent LM This certificate is applicable only when signed by an authorized person. TERMS AND CONDITION OF PURCHASE 1. CONDITIONS OF PURCHASE: This order shall be in accordance with these terms and conditions and any attachments here to. No other conditions or modifications of these terms and conditions will be effective unless specifically agreed to in writing by the county of Los Angeles ( "County") Purchasing Agent. Failure of County to object to provisions contained in any acknowledgment, document or other communications from vendor shall not be construed as a waiver of these terms and conditions or an acceptance of any such provision. 2. DELIVERY: Delivery shall be as stated herein. When using common carriers, County reserves the right to designate the transportation carrier. Failure on the part of Vendor to adhere to shipping terms specified hereon or contained in a written agreement for this purchase may, at county's discretion, result in additional handling costs being deducted from Vendor's invoice. Cost of inspection on deliveries or offers for delivery which do not meet specifications will be for the account of Vendor. Unless otherwise set forth herein, all items shall be suitably packed and marked. Purchase Order number must be on all shipping documents and containers. 3. INVOICES: Invoices shall include the Purchase Order number, which is located in the upper right hand corner of the Purchase Order. Invoices must state that they cover, as the case may be, complete or partial delivery, and must show units and unit prices. Invoices will not be paid unless and until the requirements have been fully met. When price shown is delivered price, all transportation and delivery charges must be prepaid in full to destination. 4. PRICE /SALES TAX: Unless otherwise specified herein, the prices herein do not include sales or use tax. No charges for transportation, containers, packing, unloading, etc. shall be allowed unless specified herein. 5. PAYMENT TERMS: Unless other wise specified herein, payment terms are net 30 days from the date County receives a correct and proper invoice. In no event shall County be liable for any late charges. Cash discount periods shall be computed either from the date of delivery and County's acceptance or the date of County's receipt of correct and proper invoices, whichever date is later, prepared in accordance with the terms herein. 6. WARRANTIES: Vendor shall, at no cost to County, promptly correct any and all defects in the items /services provided hereunder. Vendor shall also reimburse County for any costs incurred as a result of defect(s). The term of this warranty shall be as set forth in the Purchase Order, or if no term is shown, ninety (90) days from the date of County's acceptance of the item/service. Vendor warrants that items may be shipped, sold and used in a customary manner without violation of any law, ordinance, rule or regulation of any government or administrative body. 124 STANDARD TERMS & CONDITIONS I PURCHASE ORDER ORDER NO: PO -FR- 17323870 -1 VENDOR NO: 175474 Page VENDOR: DIVERSIFIED LEASING 6 7. CANCELLATION: Unless otherwise specified herein. County may cancel all or part of this Purchase Order and or Contract at no cost and for any reason by giving written notice to vendor at least thirty (30) calendar days prior to scheduled delivery. A cancellation change not exceeding one percent (I %) of the value of the cancelled portion of the Purchase Order and/or Contract may be charged to The County on any cancellation with less than thirty (30) calendar days prior written notice. 8. HAZARDOUS MATERIALS: Vendor warrants that it complies with all federal, state and local laws, rules, ordinances and regulations concerning hazardous materials and toxic substances. 9. COVENANT AGAINST GRATUITIES: Vendor warrants that no gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by vendor, or any agent or representative of Vendor, to any officer or employee of County with a view toward securing this Purchase Order or favorable treatment with respect to any determination concerning the performance of this Purchase Order. In the event of breach of this warranty, County shall be entitled to pursue the same remedies including, but not limited to, termination, against Vendor as it could pursue in the event of Vendor's default. 10.0 CONFLICT OF INTEREST: 10.1 No County employee whose position with county enables such employee to influence the award of the Purchase Order or any competing agreement, and no spouse or economic dependent of such employee, shall be employed in any capacity by Vendor, or have any other direct or indirect financial interest in this Purchase Order, No officer or employee of Vendor, who may financially benefit from the award of this Purchase Order shall in any way participate in County's approval or ongoing evaluation of this purchase. 10.2 Vendor shall comply with all conflict of interest laws, ordinances and regulations now in effect or hereafter to be enacted during the term of this Purchase Order. Vendor warrants that it is not aware of any facts, which create a conflict of interest. If Vendor hereafter becomes aware of any facts, which might reasonably be expected to create a conflict of interest, it shall immediately make full written disclosure of such facts to county. Full written disclosure shall include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. 11. GOVERNING LAW AND VENUE: This Purchase Order shall be governed by and construed in accordance with the laws of the state of California. Vendor agrees and consents to the exclusive jurisdiction of the courts of the state of California for all purposes regarding this Purchase order, and further agrees and consents that venue of any action hereunder shall be exclusively in the County of Los Angeles, California. 12. INDEMNIFICATION: Vendor shall indemnify, defend and hold harmless County, its agents, officers and employees from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever arising from or connected with Vendor's operations, goods and/or commodities or services provided hereunder. This indemnity shall include, but not be limited to, claims for or by reason of any actual or alleged infringement of any United States patent or copyright or any actual or alleged trade secret disclosure. 13. DEFAULT: The County may, by written notice to the Vendor, terminate the Purchase Order, if, in the judgment of the County: a. Vendor has materially breached the Purchase Order; or b. Vendor fails to timely provide and/or satisfactorily perform any task, deliverable, service. or other work required under the Purchase Order or fails to demonstrate a high probability of timely fulfillment of performance requirements, or of any obligations of the Purchase Order and in either case, fails to demonstrate convincing progress toward a cure within ten (10) working days, (or such longer period as the county may authorize in writing) after receipt of written notice from the County specifying such failure. In the event that the County terminates the Purchase Order, the County may procure, upon such terms and in such manner as the County may deem appropriate, goods and services similar to those so terminated. The Vendor shall be liable to the County for any and all excess costs incurred by the County, as determined by the County, for such similar goods and services. The rights and remedies of the County shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Purchase Order. 125 STANDARD TERMS & CONDITIONS I PURCHASE ORDER ORDER NO: PO -FR- 17323870 -1 VENDOR NO: 175474 Page VENDOR: DIVERSIFIED LEASING 7 14. INVALIDITY, REMEDIES NOT EXCLUSIVE: If any provision of this Purchase Order or the application thereof to any person or circumstance is held invalid, the remainder of this Purchase Order and the application of such provisions to other persons or circumstances shall not be affected thereby. The rights and remedies provided herein shall not be exclusive and are in addition to any other rights and remedies in law or equity. 15. COMPLIANCE WITH LAWS: The Vendor shall comply with all applicable provisions of Federal. State and Local laws, rules, regulations, ordinances, and directives, and all provisions required thereby to be included in this Purchase Order are hereby incorporated herein by reference. The Vendor shall indemnify and hold harmless the County from and against any and all liability, damages, costs, and expenses, including, but not limited to, defense costs and attorney fees, arising from or related to any violation on the part of the Vendor or its employees, agents, or subcontractors of any such laws, rules, regulations, ordinances, or directives 16. NONDISCRIMINATION: By acceptance of this Purchase Order, vendor certifies and agrees that all persons employed by it, its affiliates, subsidiaries, or holding companies are and will be treated equally by it without regard to or because of race, religion, ancestry, national origin, disability or sex and in compliance with all applicable Federal and State anti - discrimination laws and regulations. Vendor further certifies and agrees that it will deal with its subcontractors, bidders or Vendor without regard to or because of race, religion, ancestry, national origin, disability or sex. Vendor shall allow the County access to its employment records during the regular business hours to verify compliance with these provisions when so requested by the County. If the County finds that any of the above provisions have been violated, the same shall constitute a material breach of contract upon which the County may determine to cancel, terminate, or suspend the Purchase Order. The parties agree that in the event the Vendor violates the anti - discrimination provisions of the Purchase Order, the County shall, at its option and in lieu of termination or suspending this Purchase Order, be entitled to liquidated damages, pursuant to California Civil Code Section 1671, of the greater of ten percent (10 %) of the Purchase Order amount or One Thousand Dollars ($1,000). 17. FORCE MAJEURE: Neither party will be liable for delays in performance beyond its reasonable control, including, but not limited to, fire, flood, act of God or restriction of civil or military authority 18. NON - EXCLUSIVITY: Nothing herein is intended nor shall it be construed as creating any exclusive arrangement with Vendor. This Purchase Order shall not restrict the purchasing Agent from acquiring similar, equal or like goods and/or services from other entities or sources. 19. MOST FAVORED CUSTOMER: Vendor represents that the prices charged County in this Purchase Order do not exceed existing selling prices to other customers for the same or substantially similar items or services for comparable quantities under similar terms and conditions. 20. WAIVER: No waiver by the County of any breach of any provision of this Purchase Order shall constitute a waiver of any other breach or of such provision. Failure of the County to enforce at any time, or from time to time, any provision of this Purchase Order shall not be construed as a waiver thereof. The rights and remedies set forth in this provision shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Purchase Order. 21. ACCEPTANCE: Unless explicitly stated by County as otherwise, county may conduct, at its location or any other County designated location and at its expense, an incoming acceptance test on all items purchased hereunder. The acceptance test period shall not exceed thirty (30) days from receipt of such item by County. County may, at its sole discretion, reject all or any part of items or services not conforming to the requirements /specifications stated in this Purchase Order. 22. SPARE PARTS: Unless otherwise set forth herein, Vendor shall make spare parts available to county for a period of two (2) years from the date of delivery of the items to County; If Vendor is unable to so provide spare parts, it shall provide County with the name(s) of Vendor's suppliers so that County may attempt to procure such parts directly. In the event of such unavailability. Vendor shall provide, at no cost, reasonable assistance to County in obtaining spare parts. 23. ENTIRE AGREEMENT MODIFICATIONS: This Purchase Order and any attachments hereto, constitutes the complete and exclusive statement of the parties which supersedes all previous agreements, written or oral, and all communications between the parties relating to the subject matter hereof. This Purchase Order shall not be modified, supplemented, qualified or interpreted by any prior course of dealing between the parties or by any usage of trade. Only county's Purchasing Agent can make changes or modifications by issuance of an official change notice. 126 STANDARD TERMS & CONDITIONS I PURCHASE ORDER ORDER NO: PO -FR- 17323870 -1 VENDOR NO: 175474 Page VENDOR: DIVERSIFIED LEASING 8 24. INDEPENDENT CONTRACTOR STATUS: This Purchase Order is by and between the County and the Vendor and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, as between the County and the Vendor. The employees and agents of one party shall not be, or be construed to be, the employees or agents of the other party for any purpose whatsoever. The Vendor shall be solely liable and responsible for providing to, or on behalf of, all persons performing work pursuant to this Purchase Order all compensation and benefits. The County shall have no liability or responsibility for the payment of any salaries, wages, unemployment benefits, Federal, State or Local Taxes, or other compensation, benefits, or taxes for any personnel provided by, or on behalf of the Vendor. The Vendor understands and agrees that all persons performing work pursuant to this Purchase Order are, for purposes of workers Compensation liability; solely employees of the Vendor and not employees of the County. The Vendor shall be solely liable and responsible for furnishing any and all Workers compensation benefits to any person as a result of any injuries arising from or connected with any work performed by or on behalf of the vendor pursuant to this Purchase Order. 25. COUNTY STOCK: Stock furnished by County to be used in this Purchase Order shall be returned to county free from damage from any cause and in accordance with all other terms and conditions of bid and this Purchase Order. 26, TAX EXEMPT STATUS: Tax exempt items shall be clearly listed and identified. 27. COUNTY LOBBYISTS: The, Vendor, and each County Lobbyist or County Lobbying firm as defined in County Code section 2.160.910 retained by the Vendor, shall fully comply with the County's Lobbyist Ordinance, County Code Chapter 2.160, Failure on the part of the Vendor or any county Lobbyist or county Lobbying firm: retained by the Vendor to fully comply with the County's Lobbyist Ordinance shall constitute a material beach of this Purchase Order, upon which the County may in its sole discretion, immediately, terminate or suspend this Purchase Order. 28. CONSIDERATION OF HIRING GAIN/GROW PROGRAM PARTICIPANTS: Should the Vendor require additional or replacement personnel after the effective date of this Purchase Order, the Vendor shall give consideration for such employment openings to participants in the county's Department of Public Social Services Greater Avenues for Independence (GAIN) Program or General Relief Opportunity for work (GROW) Program who meet the Vendor's minimum qualifications for the open position. For this purpose, consideration shall mean that the Vendor will interview qualified candidates. The County will refer GAIN /GROW participants by job category to the Vendor. In the event that both laid -off County employees and GAIN /GROW participants are available for hiring, County employees shall be given first priority. 29. TERMINATION FOR IMPROPER CONSIDERATION: The County may, by written notice to the Vendor, immediately terminate the right of the Vendor to proceed under this Purchase Order if it is found that consideration, in any form, was offered or given by the, Vendor, either directly or through an intermediary, to any county officer, employee, or agent with the intent of securing this Purchase Order or securing favorable treatment with respect to the award; amendment, or extension of this Purchase Order or the making of any determinations with respect to the Vendor's performance pursuant to this Purchase Order In the event of such termination, the County shall be entitled to pursue the same remedies against the Vendor as it could pursue in the event of default by the vendor. The Vendor shall immediately report any attempt by a County officer or employee to solicit such improper consideration. The report shall be made either to the County manager charged with the supervision of the employee or to the County Auditor - Controller's Employee Fraud Hotline at (213) 974 -0914 or (800) 544 -6861. Among other items, such improper consideration may take the form of cash, discounts, service, the provision of travel, entertainment, or tangible gifts, or the promise of any of these. 30. SAFELY SURRENDERED BABY LAW: The Contractor shall notify and provide to its employees, and shall require each subcontractor to notify and provide to its employees, a fact sheet regarding the Safely Surrendered Baby Law, its implementation in Los Angeles County, and where and how to safely surrender a baby. The fact sheet is available on the Internet at www.babysafela_org for printing purposes. 127 STANDARD TERMS & CONDITIONS j PURCHASE ORDER ORDER NO: PO -FR- 17323870 -1 VENDOR NO: 175474 Page VENDOR: DIVERSIFIED LEASING 1 9 31. CONTRACTOR'S WARRANTY OF ADHERENCE TO COUNTY'S CHILD SUPPORT COMPLIANCE PROGRAM The Contractor acknowledges that the County has established a goal of ensuring that all individuals who benefit financially from the County through Contracts /Purchase Orders are in compliance with their court- ordered child, family and spousal support obligations in order to mitigate the economic burden otherwise imposed upon the County and its taxpayers. As required by the County's Child Support Compliance Program (County Code Chapter 2.200) and without limiting the Contractor's duty under this Contract/purchase Order to comply with all applicable provisions of law, the Contractor warrants that it is now in compliance with employment and wage reporting requirements as required by the Federal Social Security Act (42 use Section 653a) and California unemployment Insurance Code Section 1088.5, and shall implement all lawfully served Wage and Earnings Withholding Orders or Child Support Services Department Notices of Wage and Earnings Assignment for Child, Family or Spousal Support, pursuant to Code of civil Procedure Section 706.031 and Family Code Section 5246 (b). TERMINATION FOR SREACH OF WARRANTY TO MAINTAIN COMPLIANCE WITH COUNTY'S CHILD SUPPORT COMPLIANCE PROGRAM Failure of Contractor to maintain compliance with the requirements set forth in the paragraphs under "CONTRACTOR'S WARRANTY OF ADHERENCE TO COUNTY'S CHILD SUPPORT COMPLIANCE PROGRAM" shall constitute default under this Contract/Purchase Order. Without limiting the rights and remedies available to COUNTY under any other provision of this contract/purchase order, failure of CONTRACTOR to cure such default within ninety (90) calendar days of written notice shall be grounds upon which COUNTY may terminate this contract/purchase order pursuant to "VENDOR'S RESPONSIBILITY AND DEBARMENT" and pursue debarment of CONTRACTOR, pursuant to County code, Chapter 2.202. 32. PAYROLL RECORDS: Wherever required, the Contractor shall comply with the requirements of Section 1776 of the Labor Code, State of California, including maintaining payroll records as enumerated in Subdivision (a). The Contractor and the Contractor's subcontractors shall be responsible to maintain, and make readily available for inspection purposes, a copy of all certified payroll records for each work project associated with or obtained by the County under this or any future or successive County Agreement, Contract or Purchase Order. All certified payroll records shall indicate that the wage rates are not less than those determined by the State Division of Industrial Relations, and that the classifications set forth for each laborer or mechanic conform with the work that he /she performed. The Contractor shall be responsible for the submission of copies of payrolls for all subcontractors, upon request by the County, arising from and/or relating to any Agreement formulated as a result of this inquiry. Certified payroll shall be submitted upon request and shall include: A. Original Document B. Company Name & Address C. Account Number/Project Number D. Project Name and Address E. Authorizing county Department and Purchase Order or Contract Number F. Period of Time in which Work is Being Performed G. Employee Name, Address and Social Security Number H. Work Classification, Including Sub - classification I. Hours Paid J. Rate of Pay K. Deductions L. Payroll Check Number M. Benefits N. Signature of Employee Authorized to Certify Payroll Prevailing wage Scale Wherever required: A. The Contractor shall comply with all provisions of the Labor Code of the State of California. B. Under the provisions of said Labor Code. the State Department of Industrial Relations will ascertain the prevailing hourly rate in dollars and details pertinent thereto for each craft, classification or type of workers or mechanic needed to execute any Contract that may be awarded by the County. 128 STANDARD TERMS & CONDITIONS I PURCHASE ORDER ORDER NO: PO -FR- 17323870 -1 VENDOR NO: 175474 Page VENDOR: DIVERSIFIED LEASING 1 10 C. Particulars of the current prevailing wage Scale, which are applicable to the work contemplated under these specifications, are to be maintained in the Department, and must be posted at the project site by the Contractor or his /her subcontractor. D. Current prevailing wage rates may be obtained at: wwww.dir.ca.gov/DLSR/PWD/Apprentice.htm Division of Labor Standards Enforcement 455 Golden Gate Avenue, 9th Floor San Francisco, CA 94102 (415) 703 -4810 CONTRACTOR RESPONSIBILITY AND DEBARMENT 1. A responsible Contractor is a Contractor who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform the contract. It is the County's policy to conduct business only with responsible contractors. 2. The Contractor is hereby notified that, in accordance with Chapter 2.202 of the County Code, if the County acquires information concerning the performance of the contractor on this or other contracts which indicates that the Contractor is not responsible. The County may, in addition to other remedies provided in the contract, debar the Contractor from bidding on County contracts for a specified period of time not to exceed 5 years, and terminate any or all existing contracts the Contractor may have with the county. 3. The County may debar a contractor if the Board of Supervisors finds, in its discretion, that the Contractor has done any of the following: (1) violated any term of a contract with the County, (2) committed any act or omission which negatively reflects on the Contractor's quality, fitness or capacity to perform a contract with the County or any other public entity, or engaged in a pattern or practice which negatively reflects on same, (3) committed an act or offense which indicates a lack of business integrity or business honesty, or (4) made or submitted a false claim against the County or any other public entity. 4. If there is evidence that the Contractor may be subject to debarment, the Department will notify the Contractor in writing of the evidence which is the basis for the proposed debarment and will advise the Contractor of the scheduled date for a debarment hearing before the Contractor Hearing Board. 5. The Contractor Hearing Board will conduct a hearing where evidence on the proposed debarment is presented. The Contractor and/or the Contractor's representative shall be given an opportunity to submit evidence at that hearing. After the hearing, the Contractor Hearing Board shall prepare a proposed, decision, which shall contain a recommendation regarding whether the contractor should be debarred, and, if so, the appropriate length of time of the debarment. If the Contractor fails to avail itself of the opportunity to submit evidence to the Contractor Hearing Board, the Contractor may be deemed to have waived all rights of appeal. 6. A record of the hearing, the proposed decision and any other recommendation of the Contractor Hearing Board shall be presented to the Board of Supervisors. The Board of supervisors shall have the right to modify, deny or adopt the proposed decision and recommendation of the Hearing Board. 7. These terms shall also apply to (subcontractors /subconsultants) of County Contractors. 129 STANDARD TERMS & CONDITIONS 1 PURCHASE ORDER ORDER NO: PO -FR- 17323870 -1 VENDOR NO: 175474 Page VENDOR: DIVERSIFIED LEASING 11 PROHIBITION AGAINST USE OF CHILD LABOR VENDOR shall: 1. Not knowingly sell or supply to COUNTY any products, goods, supplies or other personal property produced or manufactured in violation of child labor standards set by the International Labor Organizations through its 1973 Convention Concerning Minimum Age for Employment. 2. Upon request by COUNTY, identify the country/countries of origin of any products, goods, supplies or other personal property bidder sells or supplies to COUNTY, and 3. Upon request by COUNTY, provide to COUNTY the manufacturer's certification of compliance with all international child labor conventions. Should COUNTY discover that any products, goods, supplies or other personal property sold or supplied by VENDOR to COUNTY are produced in violation of any international child labor conventions, VENDOR shall immediately provide an alternative, compliant source of supply. Failure by VENDOR to comply with the provisions of this clause will be grounds for immediate cancellation of this purchase Order or termination of this Agreement and award to an alternative vendor. A. Jury Service Program. This Contract is subject to the provisions of the County's ordinance entitled Contractor Employee Jury Service ( "Jury Service program ") as codified in Sections 2.203.010 through 2.203.090 of the Los Angeles County Code. B. Written Employee Jury Service policy. 1. Unless Contractor has demonstrated to the County's satisfaction either that Contractor is not a "Contractor" as defined under the Jury Service Program (Section 2.203.020 of the county code) or that contractor qualifies for an exception to the Jury Service program a(Section 2.203.070 of the County Code), Contractor shall have and adhere to a written policy that provides that its Employee shall receive, from the contractor, on an annual basis, no less than five days of regular pay for actual jury service. This policy may provide that Employees deposit any fees received for such jury- service with the Contractor or that the Contractor deduct from the Employee's regular pay the fees received for jury service. 2. For purposes of this Section, "Contractor" means a person, partnership, corporation or other entity which has a contract with the County or a subcontract with a County contractor and has received or will receive an aggregate sum of $50,000 or more in any 12- month period under one or more County. Contracts or subcontracts, "Employee" means any California resident who is a full time employee of Contractor. "Full Time" means 40 hours or more worked per week, or a lesser number of hours if the lesser number is a recognized industry standard and is approved as such by the county. If Contractor uses any subcontractor to perform services for the County under the Contract, The subcontractor shall also be subject tot he provisions of this section. The provisions of this Section shall be inserted into any such subcontract agreement and a copy of the Jury Service Program shall be attached to the agreement. 3. If the Contractor is not required to comply with the Jury Service Program when the Contract commences, the Contractor shall have a continuing obligation to review the applicability of its "exception status" from the Jury Service Program, and the Contractor shall immediately notify the County if the Contractor at any time either comes within the Jury Service Program's definition of "Contractor" or if the Contractor no longer qualifies for an exception to the Jury Service Program. In either event, the Contractor shall immediately implement a written policy consistent with the Jury Service Program. The County may also require, at any time during the Contract and at its sole discretion, that the Contractor demonstrate to the County's satisfaction that the Contractor either continues to remain outside of the Jury Service Program's definition of "Contractor" and/or that the Contractor continues to qualify for an exception to the Program. 4. Contractor's violation of this Section of the contract may constitute a material breach of the Contract. In the event of such material breach, County may, in its sole discretion, terminate the Contract and/or bar Contractor from the award of future contracts for a period of time consistent with the seriousness of the breach. 130 STANDARD TERMS & CONDITIONS I PURCHASE ORDER ORDERNO: PO -FR- 17323870 -1 VENDVNDOR; DIVERSIFIED LEASING 1 P12e PRICE SPECIFIC CONTRACTS AND PURCHASE ORDERS Vendors are entitled to receive payment for goods received by, or services provided to the County specific to the Contract or Purchase Order price amount. Under no circumstances will those Suppliers, Contractors or Vendors who supply goods or otherwise contract services with the County of Los Angeles be entitled to or paid for expenditures beyond the Contract or Purchase Order amounts. ASSIGNMENT BY CONTRACTOR A. Contractor shall not assign its rights or delegate its duties under the Agreement, or both whether in whole or in part, without the prior written consent of County, in its discretion, and any attempted assignment or delegation without such consent shall be null and void. For purposes of this paragraph, County consent shall require a written amendment to the Agreement, which is formally approved and executed by the parties. Any payments by County to any approved delegate or assignee on any claim under the Agreement shall be deductible, at County's sole discretion, against the claims which Contractor may have against County. B. Shareholders, partners, members, or other equity holders of Contractor may transfer, sell exchange, assign, or divest themselves of any interest they may have therein. However, in the event any such sale, transfer, exchange, assignment, or divestment is effected in such a way as to give majority control of Contractor to any person(s), corporation, partnership, or legal entity other than the majority controlling interest therein at the time of execution of the Agreement, such disposition is an assignment requiring the prior written consent of County in accordance with applicable provisions of this Agreement. C. Any assumption, assignment, delegation, or takeover of any of the Contractor's duties, responsibilities; obligations, or performance of same by any entity other than the Contractor, whether through assignment, subcontract, delegation, merger, buyout, or any other mechanism, with or without consideration for any reason whatsoever without County's express prior written approval, shall be a material breach of the Agreement which may result in the termination of the Agreement. In the event of such termination, County shall be entitled to pursue the same remedies against Contractor as it could pursue in the event of default by Contractor. 131 SPECIFICATIONS FOR 11,000# - ALL WHEEL DRIVE UTILITY VEHICLE Bid Number: RFB4S- 17201166 Specifications:: Exhibit A I D737 -16 -17 Year: 2016 -17 Make I L It Model b( &UA � Firm Name Address Diversified Least Alhambra, CA 91801 k8:58) 344-91us Bidder shall indicate opposite each item of these specifications wherein the unit offered differs from unit described. 132 CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY SPECIFICATIONS FOR 11,000# 4x4 UTILITY VEHICLE SPECIFICATIONS FD737 -16 -17 1. STATEMENT OF SOLICITATION The Consolidated Fire Protection District of Los Angeles County, hereinafter District, is desirous of purchasing 11,000# 4x4 utility vehicles. One (1) sealed proposal from reputable automotive dealers for vehicles equipped in accordance with these specifications. Bid prices must be guaranteed for the current model year. 2. NOTICE TO BIDDER'S When submitting bids, bidders are required to indicate opposite each item of these specifications when the unit offered differs from the unit described. Terms such as, "As specified," "To meet specifications," "Per your specifications," or omission of detailed information will be interpreted as being in complete compliance with specifications. Bidders may not take exception to items in these specifications where the term "No exceptions" is specified. When submitting bids, bidders are required to submit detailed literature and pictures of the vehicle they propose to furnish. Bids will be considered on a vehicle complying substantially with these specifications as determined by the District, provided each deviation is explained in detail and the substitution is described. The determination of "equal" rests solely with the District. All warranties, expressed or implied, must be submitted in writing and may be evaluated as part of the bidder's formal bid offering. Delivery time must be submitted in writing and may be evaluated as part of the bidder's formal bid offering. Bidders are required to state the unit price complete, exclusive of sales tax, in this bid. Prices quoted shall be F.O.B. Los Angeles. As Specified As Specified As Specified As Specified 133 Failure to adhere to the aforementioned requirements for bid submission may be sufficient cause for rejection of the bid. A. Indemnification Successful bidder and/or fire departments participating in this solicitation agree to indemnify, defend and hold harmless District and County, and their elected and appointed officers, employees, and agents from and against any and all liability and expense, including defense costs and legal fees, arising from or connected with claims and lawsuits for damage relating to the execution of this solicitation, subsequent purchases or contract, or lawsuits and damages relating to the products, equipment and/or apparatus purchased under said agreement. B. Formal Approval for Contract Acceptance of a proposal does not constitute a contract with the District. A contract shall be created only by formal approval by the Board of Supervisors of the County of Los Angeles or issuance of a purchase order by the County Purchasing Agent. C. District Option to Reject All Proposals The District may, at its discretion, reject all proposals submitted in response for bids. Under no circumstances shall the District be liable for any costs incurred in connection with the preparation and submission of any proposal. 3. LIQUIDATED DAMAGES All time limits stated in the purchase order are of the essence. Should the delivery not be completed on or before the time stipulated, it is mutually agreed by and between the successful bidder and the District that: A delay would seriously affect the public and the operation of the District; that a reduction in the unit price of Fifty Dollars ($50) per calendar day for each and every day for each unit which exceeds the delivery time set forth in the purchase order is the nearest measure of damages for each delay that can be fixed at this time; therefore, the District and the successful bidder hereby establish said reduction in the unit price of Fifty Dollars ($50) per calendar day for each and every day of delay for each unit as liquidated damages and not as a penalty or forfeiture for the breach of agreement to complete delivery by the successful bidder on or before the time specified in the purchase order. Liquidated damages shall not apply to time elapsing between date of delivery and date of notification to the successful bidder or rejection of sub- speclfication material. As Specified As Specified As Specified As Specified As Specified 134 The above conditions may be evoked if deliveries exceed the As specified time or if replacement of material not meeting specification s`� C C f ; j ed exceeds the specified time. Should the successful bidder be obstructed or delayed in the work required to be done herewith by changes in the work or by default, act, or omission of the District, or by strikes, fires, acts of God, or by the inability to obtain materials, equipment or labor due to federal government restrictions arising out of the defense or war program, then the time of completion shall be extended for such periods as may be agreed upon by the District and the successful bidder. If there is insufficient time to grant such extensions prior to completion date of the contract, the District may, at the time of As Specified acceptance of the work, waive liquidated damages which may have accrued for failure to complete the work on time, due to any of the above, after hearing evidence as to the reasons for such delay and making a finding as to the cause of same. In the event that the successful bidder is on strike at the time of the award of the bid, the District reserves the option to accept the first acceptable bid from a manufacturer that is not on strike. 4. COMPLIANCE WITH CODES AND STATUTES As Specified The vehicle shall conform in every respect with the latest editions of the Motor Vehicle and Administrative Codes and Regulations of the State of California, Federal Motor Vehicle Safety Standards and all applicable provisions of the California Occupational Safety and Health Act. It is the sole responsibility of the successful bidder to advise the District in writing of any conflicts between the requirements herein and the aforementioned Codes and Standards. As Specified THIS VEHICLE IS USED FOR RESPONDING TO EMERGENCY FIRE CALLS AND IS EXEMPT FROM THE REQUIREMENTS OF CALIFORNIA LAW FOR MOTOR VEHICLE POLLUTION CONTROL DEVICES AS PER SECTION 27156.2 OF THE CALIFORNIA VEHICLE CODE. 5. INTENT OF SPECIFICATIONS It is the intent of these specifications to obtain a vehicle that will meet the rigorous requirements of fire department service. These specifications are intended to describe the type, size and As Specified quality of vehicle desired and to cover the furnishing and delivery to the purchaser of a complete vehicle equipped as hereinafter specified. 135 These specifications are intended to describe the District's minimum requirements. As Specified Minor details of construction and materials, where not otherwise specified, are left to the discretion of the manufacturer, who shall be solely responsible for the design and construction of all features. 6. INFORMATION REQUIRED A. The following printed material shall be furnished with EACH vehicle, unless noted "total ", at the time of delivery: 1 - Operator's Manual 1 - Warranty Book and /or Card AS Specified 1 — Delayed Warranty Start Date Form 2 - Dealer's New Vehicle Report Of Sale 1 - Smog Certificate (if required) 1 — Invoice for Vehicle Received Registration documentation shall indicate the legal and registered owner as: CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY As Specified 1104 North Eastern Ave. Door 33 Los Angeles, CA 90063. Failure to provide any of the printed material specified above may be cause for rejection of the vehicle(s). 7. GENERAL A. The complete vehicle, including the body, finish, fittings, components and accessories shall be the latest model, shall be new and shall not be used in demonstrator or other service, and shall be factory standard or factory provided in all respects not in conflict with specific requirements. B. The design of the vehicles will be such that it does not hamper or restrict subsequent installation and use of emergency equipment and light bar siren configuration to the satisfaction of the District. C. When the specification for particular items is not defined, manufacturer's standards are either satisfactory, or they are not applicable to this vehicle. 0 136 D. All "standard" equipment will appear on the vehicle as listed or As Specified reflected in the manufacturers current sales brochure. E. Successful bidder to provide verification of dealer order within As Specified fifteen (15) days of receiving purchase order. The verification is to be forwarded to the District's Division Chief of Fire Fleet Services. B. WARRANTY A. Manufacturer's standard warranty shall be provided. Three (3) As Specified years / 36,000 miles minimum. B. Manufacturers standard warranty for drive train and roadside As Specified assistance shall be provided. Five (5) years / 100,000 miles. C. Manufacturers standard warranty for corrosion shall be As Specified provided. Minimum Six (6) years / 100,000 miles. D. The warranty shall begin from the date and odometer reading As Specified when the District places the vehicle in active service. E. Warranty work will be performed at any dealership convenient to As Specified the District. F. Use of other than original equipment parts shall not void the As Specified warranty. G. Routine required service inspections will be performed by As Specified District mechanics and shall not void the warranty. 9. DELIVERY A. All vehicles delivered to the District as a result of this solicitation As Specified shall be identical in every respect with the vehicle called for specifically in these specifications unless otherwise noted herein. B. The vehicle will have the dealer preparation service work, As Specified normally performed by the dealer, completed prior to delivery. C. The vehicle will be delivered clean, with fuel tanks full, and As Specified ready for immediate service. D. District personnel will inspect the vehicle for compliance with As Specified specifications. If defects are found requiring correction, it shall be the dealer's responsibility to return them to the agency for correction. All transportation to and from the District's Fire Shop will be the responsibility of the vendor until the vehicle or vehicles are accepted. Any vehicle or vehicles not accepted shall be removed immediately from the County Facility at the vendor's expense. E. The vehicle shall be delivered to the Districts Fire Shop, 1104 As Specified 137 North Eastern Avenue, Door 33, Los Angeles. The District's Division Chief of Fire Fleet Services shall be notified at (323) 881 -3020, 24 hours prior to delivery, between the hours of 8:00 a.m. and 3:00 p.m, daily, excepting weekends and holidays. 10. VEHICLE DIMENSIONS AND CAPACITIES A. Wheelbase — 130 "max As Specified B. Length — 224" max As Specified C. Width —81" max As Specified D. Height —76 "max As Specified E. Ground clearance -8" min As Specified F. Seating Front -2 As Specified K. Middle — 3 As Specified L. Rear - 3 As Specified G. Head room Front — 43" min As Specified N. Middle —39 "min As Specified Approximate fuel capacity — 39 gallons min Rear — 39" min As Specified H. Shoulder room Front -65" min As Specified Payload -4,400 Ibs min Middle — 65" min As Specified Rear -63" min As Specified I. Hip room Front -61" min As Specified Middle — 61" min As Specif 1 ed Rear -49 "min As Specified J. Leg room Front — 45" min As Speci f led Middle —40" min As Specif I ed Rear -35" min As Specified K. Load floor length, to front seat, at floor —100" min As Spec - f: ed L. Inside width, between wheel housing 49" min As Specified M. Cargo area height — 35" min As Specified N. Turning diameter, curb -to- curb — 43' max Mfg. S--d. O. Approximate fuel capacity — 39 gallons min As Spe r_ i f i ed P. GVWR - 11,000 Ibs min As Specified Q. Payload -4,400 Ibs min As Specified 7 138 11. MECHANICAL A. 6.OL Variable Valve Timing V8 SFI engine, 360 HP minimum, minimum 380 ft Ibs torque @ 4200 rpm B. 220 amp Alternator C. Auxiliary Isolated Battery D. High Capacity Air Cleaner E. Heavy Duty Engine and Transmission Oil Coolers F. 6 -speed Heavy Duty automatic transmission G. Heavy Duty Frame and Suspension with Rear Leaf Springs H. Twin tube shock absorbers I. 4 -wheel disc ABS with Severe Service Rotors J. Recirculating ball style steering K. Transfer case, active, 2 -speed elec )rgnipp f @t &ry controls on dash L. 4.10 Axle ratio M. 8 Lug 17" Aluminum Wheels N. Tire pressure monitor system O. LT265/70R17E all- terrain 6 -ply tires with full size spare 12. EXTERIOR A. Front intermittent wipers with rain -sense S. Remote keyless entry with a total of six (6) keys and fobs. Aftermarket ke s and fobs are not acceptable. C. Larger Side View Heated Mirrors (black) D. Rear Vision Camera E. Rear Park Assist with audible warning F. Frame mounted recovery hooks 13. INTERIOR As Specified As Specified As Specified As Specified As Specified As Specified As Specified As Specified, rear Mfg. Std. Mfg. Std. As Specified As Specified As Specified As Specified As Specified As Specified As Spec'_f =ed As Specified As Specified As Specified As Specified s 139 A. Front bucket seats with cloth. As Specified B. 10 -way power driver seat with 6 -way power cushion, 2 -way As Specified power lumbar control and power recline C. Passenger seat with power fore /aft, power recline and power As Specified lumber. D. 2nd -row and 3rd -row manual 60140 split - folding bench seat. As Specified E. Tri -zone automatic climate control As Specified F. AM /FM Stereo Audio system. As Specified G. Factory Bluetooth for personal cell phone connectivity to As Specified vehicle audio system H. Single -slot CD /MP3 player As Specified I. 5 USB ports As Specified J. Auxiliary jack for full USB /CD card As Specified K. 110v Power Outlet (3 prong) 150 Watts As Specified 14. PAINT A. The vehicles shall be factory painted "Black" on the assembly As Specified line. B. The vehicle shall be taken from the assembly line to an OEM As Specified approved "After- market Paint Facility" to be repainted "Victory Red ". The door jams, under -hood and under rear hatch shall not be painted; however, the color shall wrap around to the hem flange so when doors are shut the truck will show Victory Red. The handles shall also be painted. This shall be a 2 -stage base /clear paint process and cover a 3 year /36,000 mile warranty. The paint job shall not void the OEM factory warranty. C. No other color shall be acceptable, No Exception. As Spe r < f i rfj D. Vehicle shall not have more than 50 miles upon delivery and As Specified acceptance by LACoFD. These specifications were prepared by Power Equipment Spec Writer David Thornton and approved by Fire Fleet Services Division Chief, at (323) 881 -3020. s 140 COST SUBMITTAL With Disable Veterans Discount 141 CO O L L% N rn Qi 69 T- ti ti r a� i a x N Z Q tR F- a a U C W 0 0 y a m LL O C N F- J N O e NI \ I �J M r Cf [ � D r J o c r •,, MW 142 O M V U 0 0 N r Z oo Iq ° oo 0 (D O O rCD LO N ti oil � � , N ED � 00 00 ti _ QE to ('i O M O M O 00 d Q X c W > w m .- rZ3 � U � Y W �L 4 ti J > V - O N_ Q x 0 69 w C) ta N' (D ° o o° � °o ton c°OO M } o 00 0 (D N 00 O 00 0 tO O o , E (o N ui N (D o 69 0) co 00 o /r o0 E (14 Q (ri u) X 73 W r r � 7 � 64 69 Ef3 i� l a L-U Cl LO _ () O ti a� rn V) a y a N co 1 oo jO c (fl �J o CO) a W U) O a D M z 0 a � D cc � a r" w > W N F_ ti W O r z — 7 o E L (° W m Q Ua Z o C m ^ LL W x _O F-�Z L CL v, W Z W of ui V a d W d m ~ N J O Z a Z W Z r- N a o° m ' I N it o J m° z Q CO O L L% N rn Qi 69 T- ti ti r a� i a x N Z Q tR F- a a U C W 0 0 y a m LL O C N F- J N O e NI \ I �J M r Cf [ � D r J o c r •,, MW 142 O M V U 0 0 N r L L A , Cnid FLEET GROUP 1247 W. Main Street, P,O. Box 3850 Alhambra, CA 91801 (626) 457.5590 (626) 457 -5593 Fax January 6, 2017 County of Los Angeles 1100 N. Eastern Ave, Room G115 Los Angeles, CA 90063 Attention: Marnica Valencia Purchasing a Contracts Analyst Dear LA County Purchasing, This letter confirms that Wondries Fleet Group will fulfill any award issued to the auto broker (Diversified Leasing) In its entirety and will be responsible for meeting all of the applicable solicitation' requirements and specifications. Please note that any and all factory incentives applicable to this bid have been subtracted and included in our final bid price. In addition, please note that the warranties on the vehicles come directly from tir,•- manufacture to the County of Los Angeles, per their specifications. Wondries fleet Group ,rce and effort for one year from commencement date. Please all Diversified Leasing Bids, Amc=',Z�Irz ca � RN AIM, Mb VMMM TA L ) 143 VENUUN blL) LIJ I BID NUMBER CLOSING DATE I� BUYER �Ahtl, 2 3 COMPANYNAME r I E f 4 I 7 ; S � E 9 I � E 10 11 I 112 6 14 15 - - � I BUYERS SIGNATURE BID RESPONSES 9 NO BID RESPONSES ONLINE BID RESPONSES TOTAL [� A e t i 144 Diversified Leasing Bid Submittal 145 '", REQUEST FOR BID + T INTERNAL SERVICES DEPARTMENT Vcndor No. Diversified Leasing 1330 W. Main St. Alhambra, CA 91801 (858) 344 -9105 SUV - A WD (CA #159) - SPECS I , SOLICITATION RFB- IS- 17201166 -1 BID DUE: 04/13/17 12:00:00 PM RETURN BID TO ADDRESS BELOW INTERNAL SERVICES DEPARTMENT 1SD CENTRAL PURCHASING 1100 N EASTERN AVENUE RM 103 BID ROOM 1S'f FLOOR LOS ANGELES CA 90063 BUYER Anct Charbakhsh BUYER PIIONF. 323- 267 -2215 DATE ISSUED 03/30/17 REQ. DEPARTMENT IS AGENCY REQ. NO SUV -A REQ NO RQN -FR- 17027711 FISCAL YEAR SCHEDULED BEGIN DATE SCHEDULED END DATE NUMBE'R OF COMMODITY LINKS 2 PROCUREMENT FOLDER 1250218 TO B COMPLETED BY VENDOR 1. DELIVERY WILL BE MADE IN 11S .4 MBER OF DAYS AFTER RECEIPT OF ORDER 2. CASH DISCOUNT % DAYS. CASII DISCOUNT OF LESS THAN 30 DAYS OR 25 "111 PROX. WILL BE CONSIDERED AS NET IN EVALUATING THIS BID 3. BID BOND ATTACHED:` CE 1' F D CHECK ATTACHED: OTHER ATTACHMENTS 4. BID REFERENCE: NUMBER: 1 I fLPTl1IS NUMBER WILL APPEAR ON RESULTING ORDER OR CONTRACT). 5. PLEASE REMOVE FROM THIS COMMODITY 'ODE: 6. FEIN OR SOCIAL SECURITY# REQUIRED: �"` ** IMPORTANT ** IN ORDER TO RECEIVE AN AWARD, VENDORS ARE REQUIRED TO BE REGISTERED WITH THE COUNTY OF LOS ANGELES. VENDORS MAY REGISTER ONLINE ON THE COUNTY OF LOS ANGELES VENDOR REGISTRATION WEBSITE @ $M. WCAMISVR.CO.T.A ('A IIfi1WTR1u1: \lr USE OF A BRAND NAME AS SPECIFICATION IS N(Yl INTENDED TO RLSTRICT COMPE-1'1TION. QUOTE: IN ACCORDANCE Will SPECIFICATION OR O.N4 YOUR ALTERNATE, ALTERNATE OFFI RS TO MLET FUNCTIONAL REQUIREMENTS, ADEQUATLLY SUPPORTED BY LITERATURE AND YOUR STATEMENT WHEREIN SPECIFICATIONS DIFFER. WILL BE CONSIDERED FOR FUTURE PURCHASE, OR WHENFEASIBLE, FOR THIS PURCI1ASIi_ VENDORS ARE REQUIRED TO ENTER TI IEIR COMPANY NAME IN TI IF SPACE PROVIDED AT THE TOP OF EACI I PAGE ON THIS SOLICITATION. VENDOR PHONE NUMBER: TITLE: DATE t 'p -r- 58)344 -9105 SIGNATURE OF BIDDER (MUST BE SIGNED) }� 146 Los Angeles County Vendor Registration Page I of I http://catnisvr.co.1a.ca.us/webvenNendLookupNendlnfo.asp 4/2$ /JL l7 K Acounty.i. wr*'Ii ONLINE Search Vendors Vendor Information A B C 1) 1: 1' G II I j K L Vendor ID Number: 17547401 Company Name: DIVERSIFIED LEASING S T V �N X Main Address ; 1330 W MAIN ST ALHAMBRA,CA 91801 Y Phone Number: Alternate Phone Number: Search By Contact Stephen D. WI s on Vendor Name v' Contact Title Email Address. DIVERS] FIEDLEAS I NGGA@GMAIL COM Certification Program: Disabled Veteran Business Enterprise (DVBE) Certification #: 7436 LA County Approved Date 10/26/2016 Begin Date 5/1 412 01 5 Expire Date: 2/28/2018 http://catnisvr.co.1a.ca.us/webvenNendLookupNendlnfo.asp 4/2$ /JL l7 STANDARD TERMS & CONDITIONS I REQUEST FOR BID 1 SO NO : RFB -IS- 17201166 -1 ICOMPANY NAME . .. " I ` , - r i d . _ "J BID DUE: 04 /13/17 12:00:00 PM Page 1. Responses to Requests for Bids are to be delivered to the County Purchasing Agent by 12:00 noon on the date set forth above, at which time the responses will be publicly op cned and, if requested, publicly read. Responses to Requests for Quotations are to be delivered to the County Purchasing Agent by date and time set forth above. There will be no public opening or reading of these responses. (See title of this solicitationin top left-hand comer of this document.) Fax responses will not be accepted unless noted in writing. Anyresponse received after the closing date /time set forth in the sulieitalion document will be considered late, non- responsive and will be returned to the responder, unless the County Purchasing Agent determines that it is in the best interest of the County to accept it. 2. All bids shall be typewritten or in ink. No erasures pennitted. Mistakes shall be crossed out and corrections typed/inked adjacent, dated and initialed. 3. State brand name or make on each item. If quoting other than item specified, include the manufacturer's name, a product description and model number. 4. Bid each item separately. Prices must be stated in units specified hereon. 5. Each bid must be in a separate scaled envelope with both the bid number and closing date plainly visible on the envelope. Bid must be received at the place, time and on the date specified. Bidders are responsible to assure each bid is properly marked and timely delivered. County assumes no [Financial obligations for preparation and submittal of bid. Submit bids as indicated hereon. Bidder shall be solely responsible for understanding the specifications and requirements. 6. Time of delivery is a part of the consideration and must be stated in definite terms and adhered to. If time varies on different items, bidder shall so state in the column provided opposite the item. Unless otherwise noted, "days for delivery" or "days from receipt of order' mean calendar days. 7. An authorized officer or employee must sign with the Firm's name on all bids. Obligations assumed by such signature must be fulfilled. 8. Unless otherwise definitely specified, prices bid shall not include sales or use taxes. Bidders are required to provide their California Sellers Permit Number or their Sellers Certificate of Registration -Use Tax Number. Failure to provide the required information will prevent the County of Los Angeles from paying Sal csiUse to SELLERS PERMIT €F CERTIFICATE OF It GiSTRAT ON # If you are uncertain as to whether you have such a number or have have any questions, please contact the State Board of Equalization at WWW.BOE.CA.GOV OR CALL 1. 800.400.7115, 9. All charges, e.g., packing and installation, must be included in the bid. No charges will be allowed unless specified in the bid. 10. County reserves the right to waive, at its sole discretion, any formality in the bidding or evaluation in order to expedite the process, accommodate minor error, or respond to unforeseen circumstances, and to reject any or all bids and to reject any items thereon. County may, at its sole discretion, cancel this solicitation at any time prior to award. 11. If required, samples of items shall be furnished at no cost. Samples are not returnable; County will dispose of at its discretion. Unless specifically requested, bidders shall not submit samples. Cost of testing will be as stated herein. 12. Bids are subject to acceptance at any time within 30 calendar days of the closing date stated hereon, unless otherwise specifically stipulated. 13. County shall not return bids for change /correction after receipt. 14. insurance, surety and performance bonds shall be in the amounts set forth hereon, I5. All factors being equal and to the extent authorized by law, County shall preler products grown, manufactured or produced in the County or Los Angeles, and then in the State of California. To qualify for such prererence, bids trust definitely and conspicuously state whether the items are wholly or parlially grown, manufactured or produced in the County of Los Angcles or the State of California.. 16. Bids must include employer's identification number as assigned by the U.S. Treasury Department. 17. If you do not bid, return this solicitation ( "Request ") and state reason, or if you do not respond or do not submit a bid for (3 consecutive Requests, you may, at County's sole option, be removed from the mailing list. 18. Inspections and examinations or failure to so do is at bidder's sole risk. The specifications set forth herein are controlling and supersede any other information, oral or written, regarding this acquisition. 19. Changes or modifications to specifications or conditions to this Request shall only be made by issuance of a written amendment by County's Purchasing Agent, No other change or modification, regardless of source, shall be binding. Bidders are advised to bid only as set forth in this Request. 20. The purchase, if any, resulting from the Request shall be governed by the County's terms and conditions which arc attached hereto. Unlcss County specifically agrees in writing, any other terms and conditions shall have no force or effect. 21. N* County employee whose position in County service enables him /her to influence any award to your offer any competing offer, and no spouse or economic dependent of such employee, shall be employed in any capacity by the bidder herein, or have any other direct or indirect financial interest in any transaction resulting from this Request. .• STANDARD TERMS & CONDITIONS COMPANY NAME . _ ., n r•, ^r^� REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 BID DUE: 04/13/17 12:00:00 PM Page 22. County reserves the right to designate the transportation carrier when common carriers are used in delivery, or make pick up by County truck if the point of origin is within the County of Los Angeles or an adjacent county. Failure to adhere to shipping terms as specified on the purchase order or written agreement will result in deduction of additional handling costs from the invoice(s). 23. County may, at its sole option, select other than the low price bidder if, as solely determined by County, another bid is a more responsible and responsive offer. 24. County reserves the right to negotiate price, terms and conditions with the selected vendor 25. This Request is a solicitation only, and is not intended or to be construed as an offer to enter into any contract or other agreement. No acquisition can be made without a purchase order. 26. County reserves the right to conduct a reasonable inquiry to determine 1110 responsibility of a bidder. The unreasonable failure of bidder to promptly supply information in connection with such inquiry, including, but not limited to, information regarding past performance, financial stability and ability to perfonn an schedule, may, at County's discretion, be grounds for a determination ofnon- responsibility. 27_ Community based enterprises are encouraged to bid. It is the County's policy that on final analysis and award, the Vendor shall be selected without regard to gender, race, creed or color. 28. All bids must include a complete "Request for Local SBE Preference Program Consideration and CBE Finn/Organization Information Form" and "Attestation of Willingness to Consider Gain /Grow Participants Survey" attached hereto. Bids not including completed forms may, at county's option, be returned or the bidder may be required to provide complete forms prior to consideration. 29. Wherever possible, vendors are encouraged to subcontract portions of the work to responsible and qualified community Business Enterprise owned businesses and /or entities. 30. Bidders are reminded to thoroughly review all solicitation documents. 31. Prior to bid award, County reserves the right to request clarification of any bid. 32. The offering of gifts, excluding token gifts of a promotional /advertising nature, or gratuities by bidder or any other agent or representative of bidder is strictly prohibited. 33. Each person by submitting a response to this solicitation certifies that such bidder /proposer and each County lobbyist and County lobbying firm, as defined by Los Angeles Code Section 2.160.010, retained by bidder /proposer is in full compliance with Chapter 2.160 of the Los Angeles County Code. A copy of Chaptcr2.160 can be reviewed and downloaded from the following websitc :, 34. Subsequent to the County's evaluation, bids /proposals which were required to be submitted in response to the solicitation process become the exclusive property of the County. Alt such documents become a matter of public record and shall be regarded as public records. Exceptions will be those elements in the California Government Code section 6250 ct. seq. (Public Records Act) and which are marked "trade secret ", "confidential ", or "proprietary ". The County shall not in any way be liable or responsible for the disclosure of any such records, including, without limitation, those so marked, if disclosure is required by law, or by an order issued by a court of competentjurisdiction.In the event the County is required to defend an action on a Public Records Act request for any of the aforementioned documents, information, books, records, and /or contents of a proposal marked "trade secret ", "confidential ", or "proprietary" the Vendor agrees to defend and indemnify the County from all costs and expenses, including reasonable attorney's fees, in action or liability arising under the Public Records Act 35, County's Quality Assurance Plan, The County or its agent will evaluate Contractor's performance tinder this agreement on not less than an annual basis. Such evaluation will include assessing Contractor's compliance with al l contract terms and performance standards. Contractor deficiencies which County determines are severe or continuing rind that may place performance of the agreement in jeopardy if not corrected will be reported to the hoard of Supervisors. The report will include improvement/corrective action measures taken by the County and Contractor. If improvement does not occur consistent with the corrective action measures, County may terminate this agreement or impose other penalties as specified in this agreement. 36. Bidder shall not and shall not authorize another to, publish or disseminate any commercial advertisements, press releases, feature articles, or other materials using the name ofthc County Without the County's prior written consent. 37. Biddcrs/Proposers Adherence to County's Child Support Compliance Program Bidders/proposers shall I) fully comply with all applicable State and Federal reporting requirements relating to employment rcparring for its employees; and 2) comply with all lawfully served Wage and l arnings Assignment Orders and Notice of Assignment and continue to maintain compliance during the term ol`any contract that may be awarded pursuant to this solicitation. Failure to comply may be cause for termination of a contract or initiation of debarment proceedings against the non - compliant Contractor (County Code Chapter 2.202) 38. Time Off for Voting The Contractor shall notify its employees, and shall require each subcontractor to notify and provide to its employees, inl'ontimion regarding the time off for voting law (Elections Code Section 14000). Not less than 10 days before every statewide election, every Contractor and subcontractors shall keep Posted conspicuously at the place of work, ifpracticable, or cNowlicre where it can be seen its employees come or go to their place of work, a notice setting forth the provisions of Section 14000. 149 STANDARD TERMS & CONDITIONS REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 COMPANY NAME r, r-. - -, .... Page BID DUE: 04/13/17 12:00:00 PM A ALL AWARDS FROM THIS BID WILL BE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS OF PURCHASE: TERMS AND CONDITIONS OF PURCHASE 1. CONDITIONS OF PURCHASE: This order shall be in accordance with these terms and conditions and any attachments hereto. No other conditions or modifications of these tenns and conditions will be effective unless specifically agreed to in writing by the County of Los Angeles ( "County ") Purchasing Agent. Failure of County to object to provisions contained in any acknowledgment, document or other communications from Vendor shall not be construed as a waiver of these terms and conditions or an acceptance of any such provision. 2. DELIVERY: Delivery shall be as stated herein. When using common carriers, County reserves the right to designate the transportation carrier. Failure on the part of Vendor to adhere to shipping terms specified hereon or contained in a written agreement for this purchase may, at County's discretion, result in additional handling costs being deducted from Vendor's invoice. Cost of inspection on deliveries or offers for delivery which do not meet specifications will be for the account o£ Vendor. Unless otherwise set forth herein, all items shall be suitably packed and marked. Purchase Order number must be on all shipping documents and containers. 3. INVOICES: Invoices shall include the Purchase Order number, which is located in the upper right hand corner of the Purchase Order. Invoices must state that they cover, as the case may be, complete or partial delivery, and must show units and unit prices. Invoices will not be paid unless and until the requirements have been fully met. When price shown is a delivered price, all transportation and delivery charges must be prepaid in full to destination. Vendors shall distinguish material costs from labor costs on all applicable invoices. Invoices shall reflect sales tax amount for each item where 4. PRICE /SALES TAX: Unless otherwise specified herein, the prices herein do not include sales or use tax. No charges for transportation, containers, packing, unloading, etc., shall be allowed unless specified herein. 5. PAYMENT TERMS: Unless otherwise specified herein, payment terms are net 30 days from the slate County receives a correct and proper invoice. In no event shall County be liable for any late charges, Cash discount periods shall be computed either from the date of delivery and County's acceptance or the date of County's receipt of correct and proper invoices, whichever date is later, prepared in accordance with the terms herein. 6. WARRANTIES: Vendor shall, at no cost to County, promptly correct any and all defects in the items /services provided hereunder. Vendor shall also reimburse County for any costs incurred as a result of defect(s). The term of this warranty shall be as set forth in the Purchase Order, or if no term is shown, ninety (90) days from the date of County's acceptance of the item/service. Vendor warrants that items may be shipped, sold and used in a customary manner without any violation of any law, ordinance, rule or regulation of any government or administrative body. 7. CANCELLATION. Unless otherwise specified herein, County may cancel all or part of this Purchase Order and/or Contract at no cost and for any reason by giving written notice to Vendor at least thirty (30) calendar days prior to scheduled delivery. A cancellation charge not exceeding one percent (1 %) of the value of the cancelled portion of the Purchase Order and /or Contract may be charged County for cancellation with less than thirty (30) days prior written notice. 8. HAZARDOUS MATERIALS: Vendor warrants that it complies with all Federal. State and local laws, rules, ordinances and regulations concerning hazardous materials and toxic substances. 9. COVENANT AGAINST GRATUITIES: Vendor warrants that no gratuities (in the form of entertainment, gifts, or otherwise) were coffered or given by Vendor, or any agent or representative or Vendor, to any officer or employee of County with a view toward securing this Purchase Order or favorable treatment with respect to any determination concerning the performance of this Purchase Order. In the event of breach of this warranty, County shall be entitled to pursue the same remedies including, but not limited to, termination, against Vendor as it could pursue in the event of Vendor's default. 10.0 CONFLICT OF INTEREST: 10.1 No County employee whose position with County enables such employee to influence the award of the Purchase Order or any competing algrecment,and no spouse or economic dependent of such employee, shall be employed in any capacity by Vendor, or have any other direct or indirect financial interest in this Purchase Order. No officer or employee of Vendor, who may financially benefit from the award of this Purchase Order shall in any way participate in County's approval or ongoing evaluation of this purchase. 10.2 Vendor shall comply with all conflict of interest laws, ordinances and regulations now in effect or hereafter to be enacted during the term of this Purchase Order. Vendor warrants that it is not aware of any facts which create a conflict of interest. If Vendor hereafter becomes aware of any facts which might reasonably be expected to create a conflict of interest, it shall immediately make full written disclosure of such facts to County. Full written disclosure shall include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. 11. GOVERNING LAW AND VENUE: This Purchase Order shall be governed by and construed in accordance with the laws of the State of California. Vendor agrees and consents to the exclusive jurisdiction of the courts ofthe State of California for all purposes regarding this Purchase Order, and further agrees and consents that venue of any action hereunder shall be exclusively in the County of Los Angeles, California. 12. INDEMNIFICATION: The Contractor shall indemnify, defend and hold harmless the County, its Special Districts, elected and appointed officers, employees, agents and volunteers C'County Indetnnitees ") 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 and /or relating to this Contract, except for such loss or damage arising from tire sole negligence or willful misconduct of the County Indemnitecs. 150 STANDARD TERMS & CONDITIONS COMP�}NY'Ri�i}�i�_ �• ; >. �r r = -- , •,• �� m �`, F.� � r s rt -� REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 BID DUE: 04/13/17 12:00:00 PM 13. DEFAULT: The County may, by written notice to the Vendor, terminate the Purchase Order, if, in the judgment of the County: a. Vendor has materially breached the Purchase Order; or Page Vendor fails to timely provide and/or satisfactorily perform any task, dclivernhle, service, or other work required under the Purchase Ordcr or fails to demonstrate a high probability of timely fulfillment of performance requirements, or of any obligations of the Purchase Order and in either case, fails to demonstrate convincing progress toward a cure within ten (lit) working days (or such longer period as the County may authorize in writing) after receipt of written notice froth the County specifying such failure. In the event that the County terminates the Purchase Order, the County may procure, upon such terms and in such manner as the County may deem appropriate, goods and services similar to those so terminated. The Vendor shall be liable to the County for any and all excess costs incurred by the County, as determined by the County, for such similar goods and services. The rights and remedies of the County shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Purchase Order. 14. INVALIDITY, REMEDIES NOT EXCLUSIVE: If any provision of this Purchase Order or the application thereof to any person or circumstance is held invalid, the remainder of this Purchase Order and the application of such provision to other persons or circumstances shall not be affected thereby. The rights and remedies provided herein shall not be exclusive and are in addition to any other rights and remedies in law or equity. 15. COMPLIANCE WITH 'LAWS: The Vendorshall comply with all applicable Federal, State, and local laws, rules, regulations, ordinances, and directives, and all provisions required thereby to be included in this Purchase Order are hereby incorporated herein by reference. The Vendor shall indemnify and hold harmless the County from and against all liability, damages, costs, and expenses, including, but not limited to, defense costs and attorney fees, arising from or related to any violation on the part of the Vendor or its employees, agents, or subcontractors of any such laws, rules, regulations, ordinances, or directives. I6, NONDISCRIMINATION: By acceptance of this Purchase Order, Vendor certifies and agrees that all persons employed by it, its affiliates, subsidiaries, or holding companies are and will be treated equally by it without regard to or because ofrace, religion• ancestry, national origin, disability or sex and in compliance with all applicable Federal and State anti - discrimination laws and regulations. Vendor further certifies and agrees that it will deal with its subcontractors, bidders or Vendor without regard to or because of race, religion, ancestry, nationai origin, disability or sex. Vendor shall allow die County access to its employment records during the regular business hours to verify compliance with these provisions when so rcqucsted by the County. lfthe County finds that any of the above provisions have been violated, the same shall constitute a material breach of contract upon which the County may determine to cancel, terminate, or suspend the Purchase Order. The parties agree that in the event the Vendor violates the anti- discrimination provisions oftho Purchase Order, the County shall, at its option and in lieu of termination or suspending this Purchase Order, be entitled to liquidated damages, pursuant to California Civil Code Section 1671, of the greater often percent (10%) ofthe Purchase order amount or One Thousand Dollars ($1,000). 1T: FORCE MAJEURE: Neither party will be liable for delays in performance beyond its reasonable control including, but not limited to, fire, flood, act of Grid or restriction of civil or military authority. 18. NON- EXCLUSIVITY: Nothing herein is intended nor shall be construed as creating any exclusive arrangement with Vendor, This purchase Order shall not restrict the Purchasing Agent from acquiring similar, equal or like goods and /or services from other entities or sources. 19. MOST FAVORED CUSTOMER: Vendor represents that the prices charged County in this Purchase Order do not exceed existing selling prices to other customers for the same or substantially similar items or services for comparable quantities under similar tortes and conditions. ZO. WAIVER: No waiver by the County of any breach ofany provision of this Purchase Order shall constitute a waiver of any other breach or of such provision. Failure ofthe County to enforce at any time, or from time to time, any provision of this Purchase Order shall not be construed as a waiver �hercof.'rho rights and remedies set forth in this provision shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Purchase Order. 21. ACCEPTANCE: Unless explicitly stated by County as alltcrwise, County may conduct, at its location or any other County designated location and at its expense, an incoming acceptance test on all items purchased hereunder. The acceptance test period shall not exceed thirty (30) days from receipt of such item by County. County may, al its sole discretion, reject all or any part ofitems or services not conforming to the requirements /specifications stated in this Purchase Order. 22. SPARE PARTS: Unless otherwise set forth herein, Vendor shall make spare parts available to County for a period of two (2) years from the date of delivery ofthe items to County. If Vendor is unable to so provide spare parts, it shall provide County with the namc(s) of Vendor's suppliers so that County may attempt to procure such parts directly. In the event ofsuch unavailability, Vendor shall provide, at no cost, reasonable assistance to County in obtaining spare parts. 23.1NTIRE AGREEMENT MODIFICATIONS: This Purchase Order and any attachments hereto, constitutes the complete and exclusive statement of the parties which supersedes all previous agreements, written or oral, and all communications between the parties relating to the subject niaucr hereof. This Purchase Order shall not be modified, supplemented, qualified or interpreted by any prior course of dealing between the parties or by any usage of iradc. Only County's Purchasing Agent can make changes or modifications by issuance of an official change notice. 151 REQUEST FOR BID SO NO : RFB- IS- 17201166 -1 BID DUE: 04/13/17 12:00:00 PM 24, INDEPENDENT CONTRACTOR STATUS: This purchase Order is by and between the County and the Vendor and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, as between the County and the Vendor. The employees and agents of one patty shall not be, or be construed to be, the employees or agents of the other party for any purpose whatsoever. The Vendor shall be solely liable and responsible for providing to, or on behalf of, all persons performing work pursuant to this purchase Order all compensation and benefits. The County shall have no liability or responsibility for the payment of any salaries, wages, unemployment benefits, Federal, State or Local taxes, or other compensation, benefits, or taxes for any personnel provided by or on behalf of the Vendor. The Vendor understands and agrees that all persons performing work pursuant to this Purchase Order are, ter Purposes of Workers' Compensation liability, solely employees of the Vendor and 'lot employees of the County. The Vendor shall be solely liable and responsible for furnishing any and all Workers' Compensation benefits to any person as a result of any injuries arising from or connected with any work performed by or on behalfpf the Vendor pursuant to this Purchase Order. The Vendor understands and agrees that all persons performing work pursuant to this Purchase Order are, for purposes of Workers' Compensation liability, solely employees of the Vendor and not employees of the County. The Vendor shall be solely liable and responsible for furnishing any and all Workers' Compensation benefits to any person as a result of any injuries arising from or connected with any work performed by or on behalf of the Vendor pursuant to this Purchase Order. 25. COUNTY STOCK: Stock furnished by County to be used in this Purchase Order shall be returned to County free from damage from any cause and in accordance with all other terms and conditions of bid and this Purchase Order, 26. TAX EXEMPT STATUS: Tax exempt items shall be clearly listed and identified. 27. COUNTY LOBBYISTS: The Vendor, and each County Lobbyist or County Lobbying firm as defined in County Code Section 2,160.010 retained by the Vendor, shall fully comply with the County's Lobbyist Ordinance, County Code Chapter 2. 10. Failure on the part of Vendor or any County Lobbyist or County Lobbying firm retained by the Vendor to fully comply with the County's Lobbyist Ordinance shall constitute a material breach of this Purchase Order, upon which the County may in its sole discretion, immediately terminate or suspend this Purchase Order. 28. CONSIDERATION OE- HfRING GAIN /GROW PROGRAM PARTICIPANTS: Should the Vendor require additional or replacement personnel after the effective date of this Purchase Order, the vendor shall give consideration for such employment openings to participants in the County's Department of Public Social Services Greater Avenues for Independence (GAIN) Program or General Relief Opportunity for Work (GROW) program who rnect the Vendor's minimum qualifications for the open position. For this purpose, consideration shall mean that the Vendor will interview qualified candidates, The County will refer GAIN /GROW participants by job category to the Vendor. In the event that both laid -off County employees and GAIN /GROW participants are available for hiring, County employees shall be givers first priority, 29. TERMiNATION FOR IMPROPER CONS IDERATiON.'rho County may, by written notice to the 'Vendor, immediately terminate the right of the Vendor to proceed under this Purchase Order if it is found that consideration, in any fort, was offered or given by the Vendor, either directly or through an intermediary, to any County officer, employee, or agent with the intent of securing this Purchase Order or securing favorable treatment with respect to the award, amendment, or extension of this Purchase Order or the making of any determinations with respect to the Vendor's performance pursuant to this Purchase Order. In the event of such ter'ninatiou, the County shall be entitled to pursue the same remedies against the Vendor as it could pursue in the event of default by the Vendor. The Vendor shall immediately report any attempt by a County officer or employee to solicit such improper consideration. The report shall be made either to the County manager charged with the supervision of the employee or to the County Auditor - Controller's Employee Fraud Hotline at (213) 974 -0914 or (800) 544.6861. Among other items, such improper consideration may take the form of cash, discounts, service, the provision of travel or entertainment, or tangible gifts, or the promise of any of these. 30. SAFELY SURRENNDLRUD BABY LAW: The Conlraetorshall notify, and provide to its employees, and shall, require each subconu'actor to notify and provide to its employees, a fact sheet regarding the Safely Surrendered Baby Law, its implementation in Los Angeles County, and where and how to safely surrender a baby. The fact sheet is available on the Internet at www.babysafete.org for printing purposes. 31. CONTRACTOR'S WARRANTY OF ADHERENCE TO COUNTY'S CHILD SUPPORT COMPLIANCE PROGRAM The Contractor acknowledges that the County has established a goal of ensuring that all individuals who benefit financially from the County through Contracts/Purchase Orders are in compliance. with their court- ordered child, family and spousal support obligations in order to mitigate the economic burden otherwise imposed upon the County and its taxpayers.. As required by the County's Child Suppon Compliance Progt'sm (County Code Chapter 2.200) and without Untiting the Contractor's duty tinder this Contract/Purchase Order to comply with all applicable provisions of law, the Contractor warrants that it is now in compliance with employment and wage reporting requirements as required by the Federal Social Security Act (42 USC Section 653x) and California Unemployment insurance Code Section 1088.5, and shall implement ail hawfully served Wage and Earnings withholding Orders or Child Support Services Department Notices of Wage and Earnings Assignment for Child, Family or Spousal support, pursuant to Code of Civil Procedure Section 706.031 and Family Code Section 5246(h). TERMINATION FOR BREACH OF WARRANTY TO MAINTAIN COMPLIANCE WITH COUNTY'S CHILD SUPPORT COMPLIANCE PROGRAM Failure of Contractor to maintain compliance with the requirements set forth in the paragraphs under "CONTRACTOR'S WARRANTY OF ADHERENCE TO COUNTY'S CHILD SUPPORT+COMPLIANC; PROGRAM" shall constitute default under this contract/Purchase Order. Without limiting the rights and remedies available to COUNTY under any other provision of this Contract /Purchase Order, failure of 152 STANDARD TERMS & CONDITIONS COMPANY NAME REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 BID DUE: 04/13/17 12:00:00 PM Page CONTRACTOR to cure such default within ninety (90) calendar days of written notice shall be grounds upon which COUNTY may terminate this Contract/Purchase Order pursuant to "VENDOR'S RESPONSIBILITY AND DEBARMENT" and pursue debarment of CONTRACTOR, pursuant to County Code, Chapter 2.202, 32. PAYROLL RECORDS: Wherever required, the Contractor shall comply with the requirements orSection 1776 of the Labor Code, State of California, including maintaining payroll records as enumerated in Subdivision (a). The Contractor and the Contractor's subcontractors shall be responsible to maintain, and snake readily available for inspection purposes, a copy ofall certified payroll records for each work project associated with or obtained by the County under this or any finure or successive County Agreement, Contract or Purchase Order. All certified payroll records shall indicate that the wage rates are not less than those determined by the State Division, of Industrial Relations, and that the classifications set forth for each laborer or mechanic conform with the work that he /she performed. The Contractor shall be responsible for the submission ofcopies of'payrolls for all subcontractors, upon request by the County, arising from and/or relating to any Agreement formulated as a result of this inquiry. Certified Payroll shall be submitted upon request and shall include: A. Original Document B. Company Name & Address C. Account Number/Project Number D. Project Name and Address E. Authorizing County Dcparmcnt and Purchase Order or Contract Number F. Period of Time in Which Work is Being Perfortned G. Employee Name, Address and Social Security Number H. Work Classification, Including Sub - classification I. Hours Paid J. Rate of pay K. Deductions L. Payroll Check Number M. Benefits N. Signature of Employee Authorized to Certify Payroll Prevailing Wage Scale Wherever required: A. The Contractor shall comply with all provisions of the Labor Code of the State of California. B. Under the provisions of said Labor Code, the State Department of Industrial Relations will ascertain the prevailing hourly rate in dollars and details pertinent thereto for each craft, classification or type of workers or mechanic needed to execute any Contract that may be awarded by the County. C. Particulars of the current Prevailing Wage Scale, which are applicable to the work contemplated under these specifications, are to be maintained in the Department, and must be posted at the project site by the Contractor or his /her subcontractor. D. Current prevailing wage rates may be obtained at, www.dir.ca.gov/DLSR/PWD/Apprcntice.htm Division of Labor Standards Enforcement 455 Golden Gate Avenue, 9th Floor San Francisco, CA 94102 (415) 703 -4810 Records Retention and Audit, Federal or State Funded Purchases The Vendor shall maintain in good and legible condition all books, documents, papers, and records related to its performance under this Purchase Order or Agreement. Such records shall be complete and available to Los Angeles County, the State of California and officials of the Federal Govern nent or its duly authorized representatives, during the term of the Contract and for a period of at least three years fallowing the County's final payment under the Purchase Order or Agreement, unless other matters, such as an audit or litigation, are not closed. All Purchase Order or Agreement - related books, documents, papers, and records related to the Vendor's performance under the Purchase Order or Agreement must be retained in a manner described above until all such other matters are closed, regardless of the duration. FEDERAL EARNED INCOME CREDIT The Contractor shall notify its einp €oyces, and shall require each subcontractor to notify its employees, that they may be eligible for the Federal Earned Income Credit under the federal income tax laws. Such notice shall be provided in accordance with the requirements set forth in Internal Revenue Service Notice No. 1015. RECYCLED BOND PAPER Consistent with the Board of Supervisors' policy to reduce the amount of solid waste deposited at the County landfills, the Contractor agrees to use recycled- content paper (min 30% post - consumer waste) to the maximum extent possible on this Solicitation Response. PARTICIPATING MUNICIPALITIES At County's sole discretion and option, County may inform other public agencies that they may acquire items listed in this agreement or purchase order. Such acquisition(s) shall be at the prices stated herein, and shall be subject to Vendor's acceptance. In no event shall County be considered a dealer, remarketer, agent or other representative of Vendor. 153 STANDARD TERMS & CONDITIONS REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 NAME : BID DUE: 04/13/17 12:00:00 PM I Page Public entity purchase orders complete with terms and conditions shall be submitted by the public entity. Vendor authorizes County's use of Vendor's name, trademarks and Vendor provided materials in County's presentation and promotions regarding the availability of use for this agreement. County will not be liable or responsible for any obligations, including but not limited to payment for any item ordered by public entities. County makes no reprcscntation or guarantee qs to any minimum to be purchased by County or public entities. Do you agree to the aforementioned? Yes No Priority Clause (Disastrous Events): Unless legally prohibited, Vendor shall provide prio 'ty to the County of Los Angeles for the purchase and delivery of all agreement items during disastrous events, including but not limited to cart wukcs, floods, tires and acts of terrorism to ensure the County has sufficient resources needed to sustain its business functions. Signature ( haripffienr r�'JJ t��v — Friot; "Tie Title: Date: VENDOR'S RESPONSIBILITY AND DEBARMENT A responsible Vondor is a Vendor who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform the requirements of the Purchase Order. It is the County's policy to conduct business only with responsible vendors. The Vendor is hereby notified that, in accordance with Chapter 2.202 of the County Code, if the County acquires information concerning the performance of the Vendor on this or other Purchase Orders which indicates that the Vendor is not responsible, the County may, in addition to other remedies provided in the Purchase Order, debar the Vendor from bidding on any County Contracts /Purchase Orders for a specified period of time not to exceed five (5) years, and terminate any or all existing Contracts /Purchase Orders the Vendor may have with the County. The County may debar a Vendor if the Board of Supervisors finds, in its discretion, that the Vendor has done any of the following: (1) violated any term of Contract/Purchase order with the County, (2) committed any act or omission which negatively reflects on the Vendor's quality, fitness or capacity to perform a Contract/Purchase Order with the County or any other public entity, or engaged in a pattern or practice which negatively reflects on same, (3) committed an act or offense which indicates a lack of business integrity or business honesty, or (4) made or submitted a false claim against the County or any other public entity. If there is evidence that the Vendor may be subject to debarment, the Purchasing Agent will notify the Vendor in writing of the evidence that is the basis for the proposed debarment and will advise the Vendor of the scheduled date for debarment hearing before the Contractor I fearing Board. The Contractor I fearing Board will conduct a hearing where evidence on the proposed debarment is presented. The Vendor and/or the Vendor's representative shall be given an opportunity to submit evidence at that hearing. After the hearing, the Contractor Hearing Board shall prepare zi proposed decision, which shall contain a recommendation regarding whether the Vendor should be debarred, and, if so, the appropriate length of time of debarment, if the vendor fails to avail itsell'of lire opportunity to submit cvidcnce to the Contractor Ifearing Board, the Vendor may be deemed to have waived all rights of appeal. A record of the hearing, the proposed decision and any other recommendation of the Contractor Hearing Board shall be presented to the Board of Supervisors. The Board of Supervisors shall have the right to modify, deny, or adopt the proposed decision and recommendation of the Contractor Hearing Board. These terms shall also apply to the subcontractors of County ContractorNendor. COUNTY'S PREFERENCE PROGRAMS T'hr County of Los Angeles has three preference programs - Local Small Business Enterprise (LSBE), Disabled Veterans Business Enterprise (DVBE), and Social Enterprise (SE). The Board of Supervisors encourages business participation in the County's contracting process by constantly streamlining and simplifying our selection process and expanding opportunities for these businesses to compete for County opportunities. The Preference Programs (LSBE, DVBE, and SE) require the business to complete a certification process. The business must be certified by the Department of Consumer and Business Affairs, as meeting the requirements of each program prior to requesting the Preference in a solicitation. To apply for certification as a LSBE, DVBE or SE, contact the Department of Consumer and Business Affairs at 154 STANDARD TERMS & CONDITIONS REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 COMPANY NAME - • •• •�� BID DUE: 04/13/17 12:00:00 PM -- Page 9 In nn case shall the Preference Program (LSBE, DVBE, and SE) price or scoring preference be combined with any ether county preference program to exceed fllcen percent (15 %) in response to any County solicitation. The maximum dollar amount of the preference shall not exceed $150,000 per any one preferonce recipient. Sanctions and financial penalties may apply to a business that knowingly, and with intent to defraud, seeks to obtain or maintain certification as a certified LSBE, DVBE, or SE. Local Small Business Enterprise (Local SBE) Preference Program The County will give LSBE preference during the solicitation process to businesses that meet the definition of an LSBE, consistent with Chapter 2.204.030C.I or 2.204.0300.2 of the Los Angeles County Code. The LSBE shall provide goods or services that contribute to the fulfillment of the contract requirements by perfbtming a commercially useful function. A Local SBE is deemed to perform a commercially useful function if the business does all of the following: 1) is responsible for the execution of e distinct element of the work of the contract; 2) carries out its obligation by actually performing, managing, or supervising the work involved; 3) performs work that is nonnal for its business services and functions; 4) is responsible with respect to products, inventories, materials, supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing i €applicable, and making payment; 5) is not further subcontracting a. portion o €the work that is greater than that expected to be subcontracted by normal industry practices. A contractor, subcontractor, or supplier will not be considered to perform a commercially useful FLInctiOn in the contractor's, subcontractor's, or supplier's role is limited to that of ail extra participant it% a transition, contract, or project through which funds are passed in order to obtain the appearance of a Local SBE. For County solicitations which are not subject to the federal restriction on geographical preferences: An LSBE is defined as: 1) A business which is certified by the State of California as a small business and has had its principal place of business located in Los Angeles County for at least one year; or 2) a business certified as a small business enterprise with other certifying agencies pursuant to the Department of Consumer and Business Affair's (DCBA) inclusion policy that: a) has its principal place of business located in Los Angeles County, and b) has revenues and employee sizes that meet the State's Department of General Services requirements Infonmation about the State's -;mail business enterprise certification regulations is in the California Code of Regulations, Title 2, Subchapter 8, Section 1896 et seq., and is also available on the California Department of General Services Office of Small Business Certification and Resources Web site at I)Rp;i/www,pd,do,&u.g2ylsmbusitiefauI t For County solicitations which are subject to the federal restriction on geographical preferences: An LSBE is defined as: A business which meets the employee size and revenue requirements of the Federal Small Business Administration and maintains an active registration as a small business in the Federal System for Award Management (SAM) data base. Information on the SAM database is available at • /Iwww v Disabled Veteran Business Enterprise (DVBE) Preference Program The County will give DVBE preference during the solicitation process to businesses that meet the definition of a DVBE, consistent with Chapter 2.211 of the Los Angeles County Code. A DVBE vendor is defined as: 1) A business which is certified by the State of California as a DVBE; or 2) A business which is verified as a Service - Disabled Veteran -Owned Small Business ( SDVOSB) by the Veterans Administration; or 3) A business certified as a DVBr /SDVOSB with other certil'ying agencies pursuant to the Department of Consumer and Business Affairs' (DCBA) inclusion policy that meets the criteria set forth by the agencies in i and 2 above. Information about the State's DVBE certification regulations is found in the California Code of Regulations, Title 2, Subchapter 8, Section 1896 et seq., and is also available on the California Department of General Services Office of Disabled Veteran Business Certification and Resources Website at Into Information on the Department of Vctcran Affairs SDVOSB certification regulations is found Li the Code of Federal Regulations, 38CFR 74 and is also available on the Department of Veterans Affairs Website at: hup://www.vctbi7,, Social Enterprise (SF.) Preference Program The County will give SE preference during the solicitation process to businesses that meet the definition of an SE, consistent with Chapter 2.205 of the Los Angeles County Code. An SE is defined as: A business that qualifies as a Social Enterprise and has been in operation for at least one year (1) providing transitional or permanent employment to a Transitional Workforce or providing social, environmental and /or human justice services. Further information on Social Enterprises also available on the DCBA's website at: hat :in Idcba.liquunty.eav 155 STANDARD TERMS & CONDITIONS REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 COMPANY ItAME Page BID DUE: 04/13/17 12:00:00 PM 10 REQUEST FOR PREEMN�F:.CONSIDE, tn_I'LON =RUCTIONS : Businesses requesting preference consideration must complete and return this form for proper consideration of the proposallbid. Businesses may retluest consideration for one or more preference programs. I MEET ALL OF THE REQUIREMENTS AND REQUEST THIS PROPOSAL /BID BE CONSIDERED FOR THE PREFERENCE PROGRAM SELECTED BELOW. A COPY OF THE CERTIFICATION LETTER ISSUED BY THE DEPARTMENT OF CONSUMER AND BUSINESS AFFAIRS (DCBA) IS ATTACHED ❑ Request for Local Small Business Enterprise (LSBE) Program Preference for County Solicitations which Dirt not siibim to Federal Restrictions ❑ A business certified by the Slate of California as a small business and has had its principal place of business located in Los Angeles County for at least one (1) year; or ❑ A business qualifying under DCBA's inclusion policy that has its principal place of business located in Los Angeles County and has revenues and employee sizes that meet the State's Department of General Services requirements; and Certified as a LSBE by the DCBA. ffF]Reques( r Local Small Business Enterprise (LSBE) Program Preference for County Solicitations which are subject to the Federal diestricti ons* *To determine whether this solicitation is federally funded, please refer to the SPECIAL. TERMS AND CONDITIONS in this solicitation document. A business which meets the employee size and revenue requirements of the federal Small Business Administration and maintains an active registration as a small business in the federal System for Award Management (SAM) data base; and Certified as a LSBE by the DCBA. %Request for Disabled Veterans Business Enterprise (DVBE) Program Preference 9 A business which is certified by the State of California as a DVBE, or A business which is certified by U.S. Department of Veterans Affairs as a SDVOSB; or F] A business qualifying under DCBA's inclusion policy that meets the criteria set forth by: the State of California as a DVBE or is verified as a service - disabled veteran -owned small business by the Veterans Administration; and Certified as a DVBE by the DCBA. Request for Social Enterprise Program Preference F] A business that has been in operation for at least one year providing transitional or permanent employment to a Transitional Workforce or providing social, environmental and/or human justice services; and Certified as a Social Enterprise business by the DCBA. BUSINESS UNDERSTANDS THAT IN NO INSTANCE SHALL THE ABOVE LISTED PREFERENCE PROGRAMS PRICE OR SCORING PREFERENCE BE COMBINED WITH ANY OTHER COUNTY PROGRAM TO EXCEED FIFTEEN PERCENT (15 %) IN RESPONSE TO ANY COUNTY SOLICITATION. DECLARATION: I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE ABOVE INFORMATION IS TRUE AND ACCURATE. Name of FiMAU County Wel verl No: PrintNamStepben D. Wilson Title: Signature: n Date: 156 Supplier Profile State of California Certification Certification ID : 1792183 Legal Business Name DIVERSIFIED LEASING Doing Business As (DBA) Namel DIVERSIFIED LEASING Doing Business As (DBA) Name2: aGOV Address 1330 West Main Street Alhambra CA 91801 Email: diversifiedleasingca @gmail.coni (mailto: diversifiedleasingca @gmail.com) Mss Office Phone Number Total No of Employees 858/344 -9105 Business Fax Number Business Types: 858/481 -1953 Non-Manufacturer, Service Business Web Address Notification Preference () Email Service Areas Alameda , Alpine , Amador, , Butte , Calaveras , Colusa , Contra Costa , Del Norte , El Dorado , Fresno , Glenn , Humboldt , Imperial , Inyo , Kern , Kings , Lake , Lassen , Los Angeles, Madera , Marin , Mariposa , Mendocino , Merced , Modoc , Mono , Monterey , Napa, Nevada, Orange. Placer, Plumas , Riverside , Sacramento , San Benito , San Bernardino, San Diego , San Francisco , San Joaquin , San Luis Obispo , San Mateo , Santa Barbara , Santa Clara , Santa Cruz , Shasta , Sierra , Siskiyou , Solano , Sonoma , Stanislaus , Sutter, Tehama , Trinity , Tulare , Tuolumne , Ventura , Yolo , Yuba View Keywords View Classifications View SB View DVBE View Both Applications Active Certifications Certification Type Application Date Status Status DatelTime DVBE 0 5/1 41201 5 Approved 05/04/1610:30AM SB(Micro) 02/17/2016 Approved 04/15/16 5:49PM Certification History © 2015 -2017 Cal eProcure Amend SB Amend DVBE Amend Both Applications From To Cancel 05/14/2015 02/28/2018 02/25/2016 02/28/2018 7 Search (search.aspx) I Privacy Policy (http: / /fiscal ca.gov /Privacy_Policy /inde) 157 STANDARD TERMS & CONDITIONS ' REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 CtaMPnyv vnMt: BID DUE: 04/13/17 12:00:00 PM Page 11 CERTIFICATION AS MINORITY, WOMEN, DISADVANTAGED, AND DISABLED VETERAN BUSINESS ENTERPRISES: If your firm is currently certified as a minority, women, disadvantaged or disabled veteran owned business enterprise by a public agency, complete the following and attach a copy of your proof ofecrtification. (Use back of form, if necessary). Agency name Minority Women Dis- Disabled Expiration Advantaged Vctcran Date CERTIFICATION AS MINORITY, WOMEN, DISADVANTAGED, AND DISABLED VETERAN BUSINESS ENTERPRISES: If your firm is currently certified as a minority, women, disadvantaged or disabled veteran owned business enterprise by a public agency, complete the following and attach a copy of your proof ofcertification. (Use back of form, if necessary). Print Authorized Name Authorized Signature Title Date Stephen D. Wilso® 158 STANDARD TERMS & CONDITIONS I REQUEST FOR BID SO NO : RFB4S- 17201166 -1 ANY NAML I Pagc BID DUE: 04/13/17 12:00:00 PM IZ COUNTY OF LOS ANGELES BIDDER'S ATTESTATION OF WILLINGNESS TO CONSIDER GAIN /GROW PARTICIPANTS As a threshold requirement for consideration for an award, bidder shall dcmonstrale a proven record of hiring purticipants in the County's Department of Public Social Services Greater Avenues ror Independence (GAIN) Program or General Relief Opportunity for Work (GROW) Program or shall attest IQ a willingness to consider GAIN /GROW participants for future employment openings if they meet the minimum qualifications for that opening. Additionally, bidders shall attest to a willingness to provide employed GAIN /GROW participants access to the bidder's employee mentoring program, if available, to assist these individuals in obtaining perntancnt cmployinent and/or promotional opportunities. To report all job openings with job requirements to obtain qualified GAIN /GROW participants as potential employment candidates, awarded bidder shall email: GAINGROW.rt}dws Iacouuty.eov Bidders who are unable to meet this requirement shall not be considered for an award. Bidder shall complete all of the following information, sign where indicated below, and return this form with any resumes and/or fixed price bid being submitted: A. Bidder has a proven record of hiring GAIN�ROW participants. YES ,1•/j NO B. Bidder is willing to provide DPSS with all job openings and job requirements to consider GAIN /GROW participants for any future employment openings if the GAIN /GROW participant mects the minimum qualifications for the opening. "Consider" means that bidder is willing to interview qualified GAINIGROicipants. 7YHS NO C. Bidder is willing to provide employed GAIN /GROW participants access to its employee- menloring program, if available YES _ NO N/A (Program not available) Bidder Organivalio Stephen A Wilson Signature: �._ fth�rt'1+� Print Name: Title: �/ +-C. Date: —` Tel.1h (1 58)344 -9105 Fax U: I ,5 3 159 STANDARD TERMS & CONDITIONS COMPANY NAME ; REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 BID DUE: 04/13/17 12:00:00 PM Page 13 PROHIBITION AGAINST USE OF CHILD LABOR I hereby certify that, if awarded a Purchase Order or Agreement, bidder shall: 1. Not knowingly sell or supply to COUNTY any products, goods, supplies or other personal property produced or manufactured in violation of child labor standards set by the International Labor Organizations through its 1973 Convention Concerning Minimum Age for Employment. 2. Upon request by COUNTY, identify the country/countries of origin of any products, goods, supplies or other personal property bidder sells or supplies to COUNTY, and 3. Upon request by COUNTY, provide to COUNTY the manufacturer's certification of compliance with all international child labor conventions. I understand and agree that, if awarded a Purchase Order or Agreement and COUNTY discovers that any products, goods, supplies or other personal property sold or supplied by bidder to COUNTY are produced in violation of any international child labor conventions, bidder shall intntediately provide an alternative, compliant soureeor supply. I further understand and agree that failure to comply with the foregoing provisions will be grounds for immediate cancellation of the Purchase Order or termination of the Agreement and award to an alternative bidder. VENDOR SIGNATURE 4-fy -ice DATE •e STANDARD TERMS & CONDITIONS REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 COMPANY NAME ,., _ _ , , Page L _ -, . % , . , BID DUE: 04/13/17 12:00:00 PM 14 PROHIBITION AGAINST USE OF CHILD LABOR For equipment purchase(s) under this solicitation, Vendor shall be responsible to provide the County with a means to Lockout/Tag-out any machinery or electrical equipment sold to the County in accordance with OSHA regulation, CCR Title 8, Section 3314. Any Lockout method must utilirx a positive means such as 1) a lock, either key or combination type, 2) a hasp or other means of attachment to which, or through which, a loci[ can be affixed or it has a locking mechanism built into it, in order to hold an energy - isolating device in a sale (locked) position and prevent the energizing. transmission or release of electrical, mechanical, hydraulic, pneumatic, chemical, thermat or other energy From a machine or equipment. Such machinery and equipment includes, but is not limited to: a manually operated electrical switch breaker; a disconnected switch; a manually operated switch by which conductors of circuit can be disconnected from all underground supply conductors and a line valve. In addition, this would include installing pieces of equipment used in maintenance and service activities, such as pipelines, vessels and /or pressurized tanks to service air, gas, water, steam and/or petrochemical distribution systems. Data Destruction Contractor(s) and Vendor(s) that have maintained, processed, or stored the County of Los Angeles' ( "County ") data and/or information, implied or expressed, have the sole responsibility to certify that the data and information have been appropriately destroyed consistent with the National Institute of Standards and Technology (NIST) Special Publication SP 800 -88 titled Guidelines for Media Sanitization. The data and/or information may be stored on purchased, leased, or rented electronic storage equipment (e.g., printers, hard drives) and electronic devices (e.g., servers, workstations) that are geographically located within the County, or external to the County's boundaries. The County must receive within ten (10) business days, a signed document from Contractor(s) and Vendor(s) that certifies and validates the data and information were placed in one or more of the following stored states: unusable, unreadable, and indecipherable. Vendor shall certify that any County data stored on purchased, leased, or rooted electronic storage equipment and electronic devices, including, but not limited to printers, hard drives, servers, and/or workstations are destroyed consistent with the current National Institute of Standard and Technology (NIST) Special Publication SP- 800.88, Guidelines for Media Saailiration. Vendor shall provide County with written certification, within ten (10) business days ofremoval of any electronic storage equipment and devices, that validates that any and all County data was destroyed and is unusable, unreadable, and/or undecipherable. 161 STANDARD TERMS & CONDITIONS COMPANY NAME t!:,� tc a "' *'- �ur''I'Ji I} �'9 .� Tr.7 n E •" °a REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 BID DUE: 04/13/17 12:00:00 PM JURY SERVICE PROGRAM Page 15 The prospective contract is subject to the requirements of the County's Contractor Employee Jury Service Ordinance ("Jury Service Program ") (Los Angeles County Code, Chapter 2.203). Prospective Contractors should carefully read the Jury Service Program which is incorporated by reference into and made a part of this. RFP. The Jury Service Program applies to both Contractors and their subcontractors. Proposals that fail to comply with the requirements of the Jury Service Program will be considered non - responsive and excluded Ikom #lirther consideration, The Jury Service Program requires Contractors and their subcontractors to have and adhere w a written policy that provides that its employees shall receive from the Contractor, on an annual basis, no less than five days of regular pay for actual jury service. This policy may provide that employees deposit any fees received for such jury service with the Contractor or that the Contractor deduct from the employee's regular pay the fees received for jury service. For purposes of the Jury Service program, "employee" means any California resident who is a full -time employee of a Contractor and "full Bole" means 40 hours or more worked per week, or a lesser number of hours if; 1. the lessor number is a recognized industry standard as determined by the County, or 2, the Contractor has a long - standing practice that defines the lesser number of hours as Rill time. Therefore, the Jury Service Program applies to all of Contractor's full -time California employees, even those not working specifically on the County project, There are two ways in which a Contractor might not be subject to the Jury Service Program. The first is if the Contractor does not fall within the Jury Service Program's definition of "Contractor". The Program defines "contractor" to mean a person, partnership, corporation or other entity which has a contract with the County or a subcontract with a County Contractor and has received or will receive an aggregate sum of $50,000 or more in any 12 -month period under one or more County contracts or subcontracts. The second is if the Contractor rnects one of the two exceptions to the Jury Service Program. The first. exception concerns small businesses and.applies to Contractors that have 1) ton or fewer employees; and 2) annual gross revenues in the preceding twelve months which, if added to Elie; annual amount of this contract is less than 55[70,000; and 3) is not an "affiliate or subsidiary ofa business dominant in its field of operation ". The second exception applies to Contractors that possess a collective bargaining agreement that expressly supersedes the provisions of the Jury Service Program. The Contractor is subject to any provision of the Jury Service Program not expressly superseded by the collective bargaining agreement. 3. If a Contractor does not fall within the Jury Service Program's definition of "Contractor" or if it meets any of the exceptions to the Jury Service Program, then the Contractor must so indicate in the Certification Fonts and Application for Exception and include with its submission all necessary documentation to support the claim such as tax returns or a collective bargaining agreement, ifapplicable. Upon reviewing the Cotttraclor's application, the County will determine, in its sole discretion, whether the Contractor falls within the definition of Contractor or meets any of the exceptions to the Jury Service Program. The County's decision will be final. 162 STANDARD TERMS & CONDITIONS NY NAME REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 BID DUE: 04/13/17 12:00:00 PM Page 16 COUNTY OF LOS ANGELES CONTRACTOR EMPLOYEE JURY SERVICE PROGRAM APPLICATION FOR EXCEPTION AND CERTIFICATION FORM The County's solicitation for this Contract/Purchase Order (Request for Proposal or Invitation to Bid) is subject to the County of Los Angeles Contractor Employee Jury Service Program (Program)(Los Angeles County Code, Chapter 2.203). All bidders or proposers whether a contractor or a subcontractor, must complete this form to either 1) request an exception from the Program requirements or 2) certify compliance. Upon review of the submitted form, the County's Department will determine, in its sole discretion, whether the bidder or proposer is excepted from the program. Company Name: Company Address: City: Telephone Number: Diversified Leasing 33- W - -ti e rr -st —. Alhambra, CA 91801 State: Zip: Solicitation for (Type of Goods or Services): [ ' (,(�"1_ ( Ifyou believe the Jury Service Program does not apply to your business, check the appropriate box in part I (attach documentation to support your claim); or, complete Part Il to certify compliance with the Program. Whether you complete Part l or Part II, please sign and date this form below. Part I: Jury Service Program is Not Applicable to My Business F-1 My Business does not [nett the definition of "Contractor ", as defined in the Program as it has not received an aggregate sum of $50,000 or more in any 12 -month period under one or more County contracts or subcontracts (this exception is not available if the contract/purchase order itself will excced $50.t00 in any 12 month period). I understand that the exception will be lost and I must comply with the Program if my revenues from the County exceed an aggregate sum of 550,000 in any 12 -month period. My business is a small business as defined in the Program. It 1) has ten or fewer employees; and 2) has annual gross revenues in the preceding twelve months which, if added to the annual amount of this contract, arc $500,000 or less; and 3) is not an affiliate or subsidiary of a business dominant in its field of operation, as defined below. I understand that the exemption will be lost and 1 must comply with the Program if the number of employees in my business and my gross arutuot revenues exceed the above limits. "Dominant in its field of operation" means having more than ten employees, including full -time and part -time employees, and annual gross revenues in the preceding twelve months, which, if added to the annual amount of the Contract awarded, exceed $500,000. "Affiliate or subsidiary of a business dominant in its field of operation" means a business which is at least 20 percent owned by a business dominant in its field of operations, or by partners, officers, directors, majority stockholders, or their equivalent, of a business dominant in that field of`operation. �/I My business is subject to a Collective Bargaining Agreement (attach agreement) that expressly provides that it supersedes all provisions ofAhc Program. [oil 163 164 STANDARD TERMS & CONDITIONS F r-- - e� � :-. o �-, NAMP -- ' - - -'� [-- - - "' -4 PRICES SPECIFIC CONTRACTS AND PURCHASE ORDERS REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 BID DUE: 04/13/17 12:00:00 PM Page 18 Vendors are entitled to receive payment for goods received by, or services provided to the County specific to the Contract or Purchase Order price amount.. Under no circumstances will those Suppliers, Contractors or Vendors who supply goods or otherwise contract services with the County of Los Angeles be entitled to or paid for expenditures beyond the Contract or Purchase Order amounts. ASSIGNMENTS BY CONTRACTOR A. Contractor shall not assign its rights or delegate its duties under the Agreement, or both whether in whole or in part, without the prior written consent of County, in its discretion, and any attempted assignment or delegation without such consent shall be null and void. For purposes of this paragraph, County consent shall require a written amendment to the Agreement, which is Formally approved and executed by the parlirs. Any payments by County to any approved delegate or assignee on any claim under the Agreement shall be deductible, at County's sole discretion, against the claims which Contractor may have against County. B. Shareholders, partners, members, or other equity holders of Contractor may kransfer, sell exchange, assign, or divest themselves orany interest . they may have therein. However, in the event any such sale, transfer, exchange, assignment, or divestment is effected in such a way as to give majority control ofContractor to any person(s), corporation, partnership, or legal entity other than the majority controlling interest therein at the time of exelulion of the Agreement, sueh disposition is an assignment requiring the prior written consent of County in accordance with applicable provisions of this Agreement. C. Any assumption, assignment, delegation, or takeover of any of the Contractor's duties, responsibilities, obligations, or performance of same by any entity other than the Contractor, whether through assignment, subcontract, delegation, merger, buyout, or any other mechanism, with or without consideration for any reason whatsoever without County's express prior written approval, shall be a material breach of the Agreement which may result in the termination of the Agreement. In the event ofsuch termination, County shall be untitled to pursue the same remedies against Contractor as it could pursue in the event of default by Contractor. SAFELY SURRENDERED BABY LAW The Contractor shall notify and provide to its employees, and shall require each subcontractor to notify and provide to its employees, a fact sheet regarding ttte Safely Surrendered Baby Law, its implementation in Los Angeles County, and where and how to safety surrender a baby. The fact sheet is available on the Internet at www.babysafeia.org for printing purposes. CONTRACTOR'S ATTESTATION THAT IT NOR ANY OF ITS STAFF MEMBERS IS RESTRICTED, EXCLUDED OR SUSPENDED FROM PROVIDING GOODS OR SERVICES UNDER ANY FEDERAL OR STATE HEALTH CARE PROGRAM Contractor hereby warrants that neither it nor any ofits stafftnembers is restricted, excluded, or suspended from providing goods; or services under any health care program funded by the Federal or State Government, directly or indirectly, in whole or in part, and the Contractor will notify the Buyer within thirty (30) calendar days in writing of. 1) any event that would require Contractor or staff member's mandatory exclusion or suspension from participation in a Federal or State funded health care program; and 2) any exclusionary action taken by any agency of the Federal or State Government against Contractor or one or more staff members barring it or the staff members from participation in a Federal or State funded health care program, whether such bar is direct or indirect, or whether such bar is to whole or in part. Contractor shall indemnify and hold County harmless against any and all loss or damage Contractor may suffer arising from any Federal or State exclusion or suspension of Contractor or its staff members from such participation to a Federal or .Mate funded health Care program. Failure by Contractor to meet the requirements of this paragraph shall constitute a material breach of contract upon which County may immediately terminate or suspend this Agreement. Is Contractor /Proposer or any of its staff members currently barred from participation in any Federal or State funded health care program? P , Contractor or any of its staff members is not currently barred from participation in any Federal or Slate funded health care [JINO rr ogram. YES, Contractor or any of its staff members is currently barred from participation in any Federal or State funded health care p» I� "';_ r : p�rpgfts�7CSCiltyt� {e�}ptjcula_ts in detail below Printed oble ltol.tt, "llson Print ame of Rcs skblc Manager tgnahtrc 4-(a- Date 165 STANDARD TERMS & CONDITIONS REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 CONINt CIA Page � BID DUE: 04/13/17 12:00:00 PM 19 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION AND ACKNOWLEDGEMENT OF SOLICITATION RESTRICTIONS A. By submission of this Proposal, Proposer certifies that the prices quoted herein have been arrived at independently without consultation, communication, or agreement with any other Proposer or competitor for the purpose of restricting competition. B. List all names and telephone number of person legally authorized to commit the Proposer. Name Phone Number _ Stephen D. Wilson (858)344-9111 Note: Persons signing on behalf of the Contractor /Vendor will be required to warrant that they are authorized to bind the Contractor/ Vendor. C. List names of all joint ventures, partners, subcontractors, or others having any right or interest in this cunlr ct or the proceeds thereof if not applicable, state "NONE ". 1 _ f D. Proposer acknowledges that it has not participated as a consultant in the development, preparation, or selection process associated with this solicitation. Proposer understands that if it is determined by the County that the Proposer did participate as a consultant in this solicitation process, the County shall reject this proposal. Name of Firm Stephen D. Wilson Print Name ofSitrner A0. wc�40-. Title Date 0 -t,)- -l7 166 STANDARD TERMS & CONDITIONS REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 E MPANY NAME: - Page BID DUE: 04/13/17 12:00:00 PM 0 REQUIRED FORMS - EXI IIB1T PROPOSER'S ORGANIZATION QUESTIONNAIRE /AFFIDAVIT Page 1 of 2 Please complete, date and sign this form and place it as the first page of your proposal. The person signing the form must be authorized to sign on behalf of the Proposer and to bind the applicant in a Contract. I . if your firm is a corporation, state its legal name (as found in your Articles oflncorporation) and State of Incorporation. c. NAME STATE YEAR INC. 2. If your firm is a partnership or a sole proprietorship, state the name of the proprietor or managing partner. 0 3. If your firm is doing business under one or more DBA's, please list all DBA's and the County(s) of registration. Name n County of Registration Year became DBA vl _ 4. Is your firm wholly or majority owned by, or a subsidiary or, another firm? ,�If yes, Name of parent firm: _ Y State of incorporation or registration of parent firm: __ 5. Please list any other names your firm has done business as within the last five (5) years: Name Year of Name Change K4 6, Indicate if your firm is involved in any pending acquisition/merger. including the associated company name. If not applicable, so indicate below: 167 STANDARD TERMS & CONDITIONS REQUEST FOR BID SO NO : RFB- IS- 17201166 -1 COMPANY NAME BID DUE: 04/13/17 12:00:00 PM Pagc ' 21 Page 2 of 2 Proposer acknowledges and certifies that it meets and will comply with all of the Minimum Mandatory Requirements listed - Minimum Mandatory Requirements of this Request for Proposal, as listed below. List each minimum requirement Check the appropriate box below: YES � NO �f YES � NO D, YES F-1 NO FVT YES F-1 NO i J YES 1-1 NO years experience, within the last lef _ years Willingness to consider hiring GAIN /GROW participant Complies with the County's Child Support Compliance Certifies intent to comply with County's Jury Service Program Declares intent to comply with County's Living Wage Program Proposer further acknowledges that if any lalse, misleading, incomplete, or deceptively unresponsive statements in connection with this proposal are made, the proposal may be rejected, The evaluation and determination in this area shall be at the Director's sole judgement and his/herjudgmenl shall be final. Proposer's Name: Diversified Leasing Address: Alhambra, CA 91801 (858) 344 -9105 elE -mail: I j ► (858)344-9105 L6r phone Number: q a? Fax Number:--6- ( ALI On belafdf _ ( Proposces name), I Stephen A (iVanfr�lf Ascr's authorized representative), certify that the int`ortnation contain in this Pruposer's Orgaltiaation Questionnaire /Affidavit is true and correct to the best of my information and' clieC �. �. 6 1-1 -16 v q erg' Signature / Internal Revenue Service Employer Identification Number Title 4 _« -�1 Date California Rusincss License Number r _7 15 4-7 -L/ County Vendor Number •i STANDARD TERMS & CONDITIONS COMPANY NAME OFF -PEAK (HOURS) - DELIVERY OF COMMODITIES REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 BID DUE: 04/13/17 12:00:00 PM Page 22 It is the policy of the Los Angeles County Board of Supervisors that County departments promote off-peak deliveries and pickup of all commodities by County Vendors between the hours of 9:00 a.m. and 3:34 p.m., Monday through Friday, during regularly scheduled County business days. The purpose of this policy is to reduce vehicle trips and vehicle emissions during the morning and sl4an10on commute periods. For purposes of the Board Policy, the trip shall be deemed to be compliant if the actual time of delivery provides for arrival at the County facility or location on or after 9:00 a.m. and the delivery or pickup is initiated at the County facility or location on or before 3:30 p.m. Noncompliance with this policy may result in cancellation of a Purchase Order or termination of contract and /or agreement between the County and the awarded Vendor. Unless otherwise instructed by authorized County department personnel, vendors shall be required to confer with County departments to schedule, as appropriate, regularly planned trips to County facilities for deliveries and/or pickup of commodities within the designated off-peak periods. County departments co- located at facilities that are serviced by the same Vendor shall make every effort to coordinate off -peak deliveries and pickups between the Vendor and other County departments at the facility. Emergency, special orders, and other non- conforming deliveries and pickups specifically requested by County departments shall not constitute violation of the Board Policy. In addition, circumstances documented by the Vendor to the satisfaction of the affected County department that are outside of the control ofthe Vendor that prcciudc adherence to the Hoard policy shall not constitute a violation of the Board Policy. If circumstances related to department operations preclude regularly scheduled deliveries between the hours of 9:00 a.m. and 3 :34 p.m., Monday through Friday, the department shall nofify the Vendor of any exCeption(s) allowable under the Board Policy. If such circumstances are permanent in nature, the department shall notify the Chief Administrative Office and ISD of their intent to exclude the affected contract(s) andlorcommodities from the provisions of the Board Policy. County departments doing business with non - commodity or service- related vendors that schedule regular trips to County facilities shall, to the extent feasible and appropriate, encourage such vendors to schedule such trips to their facilities between the hours of 9:00 a.m, and 3:30 p.m., Monday through Friday, during; regularly schedule business days. By signature below, vendor acknowledges receipt and understanding of this Board Policy, and agrees to adhere to above requirements regarding Off - Peak Delivery of Commodities. I3wersif ed Leasing Vendor'laaPnyw. Maine 'Cut. Alhambra, CA 91801 (858_344-9105 Address D. Wilson Printed Name Signature State & Zip Code ql 1Z1r1 Date PROTEST POLICY FOR GOODS AND SERVICES SOLICITED BY THE COUNTY PURCHASING AGENT The County Purchasing Agent maintains the exclusive authority and responsibility to purchase and rent all materials, supplies and equipment, furnishings, fixtures and all other personal property for use by departments, districts or agencies of Los Angeles County who are governed by the Los Angeles County Board of Supervisors. 169 STANDARD TERMS & CONDITIONS REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 COMPA Y: AdWtE r r> �•, ' 'dt��`"'t'� 4` ` BID DUE: 04/13/17 ]2:00:00 PM Page 23 Acquisition of supplies and equipment are made by the Purchasing Agent pursuant to: Goverment Code 25501, et seq.; Codified Ordinance of County of Los Angeles, Title 2, Chapter 2.81; and Section 24 of the County Charter. With limited exceptions, solicitations conducted under the statutory authority ofthc Purchasing Agent arc price -based with the resultant award being made to the lowest, responsible bidder that fully tneels and complies with all of the specifications and requirements of the solicitation. The Purchasing Agent or his/her designee shall be responsible for the review and disposition of any protest of a bid solicitation conducted under the statutory authority of the County Purchasing Agent. Review gfolicitatiq_1 ' me acidpeci icationti A Vendor may seek a review of the solicitation requirement$ and/or specifications by written request to the Buyer conducting the solicitation provided that the written request is received no later than five (5) days prior to the closing date of the solicitation or as otherwise specified within the solicitation. This request must itemize, in sufficient detail, each matter contested and one or more factual reason(s) for the requested review (e.g., specifications were too narrow and limited competition with supporting details, etc.). The Purchsing Agent will provide a written response to the requesting Vendor(s). =97-mm In accordance with County Purchasing Policy M -1100, Bid/Vendor Protest. participant vendors may request a review of any bid spwe'tfications at the time of the bid posting and%or before the closing date. Additionally, participant vendors may protest any award within three (3) business days after the "Notice of Intent to Award" is posted on the County's bid website. These protest procedures are as follows: Upon a deturmination of vendor selection from a bid process, the Purchasing Agent will post a "Notice of Intent to Award" on the County's bid website, and notify all solicitation participants of the intended award via email. 1. Non - selected vendors will have three (3) business days, from the date the notice is posted, to file a formal bid protest with the Purchasing and Contracts Analyst (Buyer) that conducted the solicitation. 2. The bid protest, which must he received by the Buyer within the three (3) day period, shall be in writing, and include the specific facts, circumstances, reasons and/or basis for the protest. This written notice may be in the form of a letter, fax or email. 3. Bid protests must be riled prior to the award of contract or purchase order. Upon execution of the contract or purchase order to the selected vendor, the Purchase Agent will not take action on a bid protest; however, a written response will be provided to the protesting vendor. 4. If a vendor bid protest is appropriately filed (i.e., prior to the award), the Purchasing Agent may delay the award of contract or purchase order until the matter is resolved. There are, however, situations where the delay of an award may not be in the best interest of the County due to emergency and/or time critical acquisitions such as at the end of the County's fiscal year. In these instances, the County has no obligation to delay orotherwise postpone an award of a purchase order or contract based on a vendor protest. 5. In all cases, the County Purchasing Agent reserves the right to make an award when it is determined to be in the best interest of the County of Los Angeles to do so- 6. The Purchasing Agent will respond to all bid protests in a timely manner. 7. The Purchasing Agent may refer a protest of a technical nature to the requisitioning County department for further clarification, and will prepare a letter to the protesting vendor, advising them of the pending action(s), and when a formal response can be expected. 170 STANDARD TERMS & CONDITIONS REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 COMPANY NAME BID DUE: 04/13/17 12:00:00 PM Page L 24 DEFAULTED PROPERTY TAX REDUCTION PROGRAM The pmspcctivc contract is subject to the requirements of the County's Defaulted Property "fax Reduction Program ( "Defaulted Tax Program "). Prospective Bidder /Proposer /Contractor should carefully read the Defaulted Tax Program Ordinance which may be found in Los Angc €es County Ctrde, ,riele 2. Administration, Chapter 2.206 at httn•llortlijtlLt,'um/ n.tnq /! �nf �'ttdcx,htm which is incorporated by reference into and made a part of this solicitation The Defaulted Tax Program applies to both Contractors and their subcontractors. Each Bidder /Proposer /Contractor shall be required to certify that it is in full compliance with the provisions of the Defauited'I-ax Program and shall maintain compliance during the term of any contract that may be awarded pursuant to this solicitation or shatl certify that it is exempt from the Defaulted Tact Program. Failure to maintain compliance, or to timely cure detects. may be causc for termination ofa contract or initiation of debanrtcnt proceedings against the non - compliant contractor (Los Angeles County Code, Chapter 2.202). Bids/Proposals that fail to comply with the certification requirements of the Defaulted "fax Program will be considered non - responsive and excluded from further consideration. The Proposer /Bidder /Contractor certifies that: It is familiar with the terms of the County of Los Angeles Defaulted Properly Tax Reduction Program, Los Angeles County Code Chapter 2.206; "To the best of its knowledge, after a reasonable inquiry, the Proposcr/Bidder /C:onrractor is not in default, as that temt is de€incd in Los Angeles County Code Section 2.206-020.E, on any Los Angeles County property tax obligation; and f, �f The Proposer/Bidder /Contractor agrees to comply with the County's Defaulted Property Tax Reduction Program during the term of any awarded contract. -OR - I am exempt from the County of Los Angeles Defaulted Property Tax Reduction Program, pursuant to Los Angeles County Code Section 2.206 060, for the following reason: I declare under penalty of perjury under the laws of the Slate of California that the information stated above is true and correct. COMPANY NAME- PRINT NAME: Stephen D. 'Wilson SIGNATURE: TITLE: DATE: 171 STANDARD TERMS & CONDITIONS REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 COMPANY MIME _ nrz, P2a BID DUE: 04/13/17 12:00:00 PM ge 5 5[3BC+t3h3TRwCi iV . The County of Los Angeles provides Small Business Enterprises an equal opportunity to compete for County Awards for conunodities and services. Bidders shall assist the County in ptoviding these opportunities to Small Business Enterprises by making good efforts to reach out to Small Business Enterprises to compete in County Awards. IF3MIKIJI Bidders shall submit with their bid, the SBE Subcontractor Information Form @ hIrp;l/d i13g trsincec.lacoun 1rQ! /.S S i fll11 carat w,;,', onForm.MF. Bidder shall complete this form in its entirety. Bidder shall list itself, the names and addresses of all firms to be used with a complete description of work supplies to be completed, provided by each subcontractor and the estimated dollar value. P R INN The Final Report of Subcontracting Form @ hllpAdoirl}; r i , t;Qntractin • 'an PDF a summary report of subcontractors work/supplies, shall be submitted at the completion of the award. Upon Completion of a Purchase Order, Vendor shall submit the Final Report of Subcontracting and Purchases Form within fifteen (15) working days. If the award is a one year or more agreement, the Final Report of Subcontracting and Purchases Form shall be submitted on a quarterly basis. The form shall be certified correct and accurate by signature of the bidder or its authorized representative. The Final Report of Subcontracting and Purchases Form shall be submitted to the Office of Small Business at: Debbie Cabreira- Johnson Office of Small Business 1100 N Eastern Ave 1st Floor Los Angeles, CA 90063 DCabreira @isd.lacounty.gov [Aimlyclem, coxcm, lultj If required by County, the awarded vendor will submit a catalog of its entire product offering in an electronic format. The submitted electronic calalag shall be in the fotangt prescribed in the ELECTRONIC CA'l'ALOC Clause which may be found at the websitc indicated below. Such submission shall be within the time frame to be determined by the County in its sole discretion. htpJ/doineb tt sLn g� .0 „�avlterm n ++ujdjti np s.htm If required by county. I agree to submit an electronic catalog of my entire product offering in the prescribed format within the required time frame. Name of Company Stephen D. Wilson _ Name of Authorized Vendor Representative Af Authorized Representative Date 172 STANDARD TERMS & CONDITIONS REQUEST FOR BID SO NO : RFB -IS- 1 720 1 1 66 -1 COMPAr4Y NAMt BID DUE: 04/13/17 12:00:00 PM Page 26 Proposer's Acknowledgement of County's Commitment to Zero Tolerance Human Trafficking On October 4, 2016, the Los Angeles County Board of Supervisors approved a motion taking significant steps to protect victims of human trafficking by establishing a zero tolerance human trafficking policy, The policy prohibits contractors /vendors engaged in human trafficking from receiving contract awards or perforating services under a County Contract/Purchase Order. Contraclors/Vendors are required to complete the Zero Tolerance I luman Trafficking Policy Certification, certifying that they are in full cornpli,7ncc with the County's Zero Tolerance Human Trafficking provision as defined below, Further, contractors are required to comply with the requirements under said provision for the tern) ofany contract/purchase order awarded pursuant to this solicitation. Compliance with County's Zero Tolerance on Human Trafficking Policy ContractorNendor acknowledges that the County has established a Zero Tolerance I luman Trafficking Policy prohibiting contractors from engaging in human trafficking. If a ContractorNendor or member of Contractur's/Vendor's staff is convicted ofa human trnffcking offense, the County shall require that the ContractorNendar or member of Contra ctor's/Vendor's staff be removed immediately from perfonning services under the Contmctipurchase Order. County will not be under any obligation to disclose confidential information regarding the offenses other than those required by law, Disqualification of any member of Contractor'sfV -dor's staff pursuant to this paragraph shall not relieve Contractor /Vendor of its obligation to complete all work in accordance with the terms and conditions of this Contract/Purchase Order. ZERO TOLERANCE HUMAN TRAFFICKING POLICY CERTIFICATION Company Name: Company Ad4&30 W. Main St- Alhambra, CA 91801 City: {SS } Telephone Number: State: Lin Code: Email Address: If Q Solicitation# PROPOSER CERTIFICATION Los Angeles County has taken significant steps to protect victims of human trafficking by establishing a zero tolerance human trafficking policy that prohibits contractors found to have engaged in human trafficking from receiving contract awards or performing services under a County contract. Proposer /Bidder acknowledges and certifies compliance the County's%cro Tulumnce Human Trafficking, Policy of the proposed Contrsct/Purchasc Order and agrees that proposer/bidder or a member of his staff performing work under the proposed Contract/Purchme Order will be in compliance, ProposcrMidder further acknowledges that noncompliance with the County's Zero Toleranec Human Trafficking Policy may result in rejection ofany proposal, or cancellation of any resultant Contract/Purchase Order, al the sole judgment of the County. I declare under penalty of perjury under the laws of the State of California that the information herein is true and correct and that I am authorized to represent this company. Print Nawi. Y nen 1). wilson Title: Signature {,, Date: 173 SPECIAL TERMS & CONDITIONS COMPANY NAME _ _ ..r........ "LICENSING INFORMATION" REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 BID DUE: 04/13/17 12:00:00 PM EACH BIDDER MUST POSSESS A CURRENT CA AUTO /COMMERCIAL VEHICLE DEALER'S LICENSE' (INCLUDING AUTO BROKER'S ENDORSEMENT TO DEALER'S LICENSE, IF APPLICABLE) OR CURRENT CA AUTO BROKER'S LICENSE AND SHALL SUBMIT SUCH DOCUMENTATION WITH ITS BID. IN ADDITION, EACH BID SUBMITTED BY AN AUTO BROKER SHALL INCLUDE THE DEALER INFORMATION FROM WHICH TTIE VEHICLE WILL BE PURCHASED, ALONG WITH A LETTER FROM THE DEALER (ON THE DEALER'S LETTERHEAD) CONFIRMING THAT IT WILL FULFILL ANY AWARD ISSUED TO THE AUTO BROKER IN ITS ENTIRETY AND WILL BE RESPONSIBLE FOR MEETING ALL OF THE APPLICABLE SOLICITATION REQUIREMENTS AND SPECIFICATIONS, INCLUDING BUT NOT LIMITED TO THE DELIVERY OF THE VEHICLE(S) TO, AND ACCEPTANCE THEREBY, THE REQUESTING DEPARTMENT (State of California Vehicle Code Section 11700). "ADDITIONAL REQUIREMENTS" - LIQUIDATED DAMAGES MAY BE ACCESSED FOR DELIVERIES MADE OUTSIDE OF THE PROPOSED DELIVERY TIMEFRAMES. - VENDOR AGREES THAT ANY MANUFACTURER REBATES AND /OR INCENTIVES APPLICABLE AT THE TIME AN ORDER IS PLACED WILL BE EXTENDED TO THE COUNTY. - TIRE TAX FEE OF $1.75 PER TIRE (FOR EACH VEHICLE PURCHASED) WILL BE APPLIED TO THE PURCHASE ORDER. "DELIVERY" THE COUNTY OF LOS ANGELES RESERVES THE RIGHT TO REJECT ANY /ALL BIDS FROM A VENDOR THAT HAS FAILED TO FULFILL EXISTING PURCHASE ORDERS WITHIN THE STATED DELIVERY TIME FRAME. BIDS WILL BE REVIEWED ON A CASE -BY -CASE BASIS AND FINAL AWARD WILL BE MADE BASED ON THE DEPARTMENT'S NEEDS AND IN THE BEST INTEREST OF THE COUNTY. CASH DISCOUNT PERIODS SHALL BE COMPUTED EITHER FROM THE DATE OF DELIVERY AND COUNTY'S ACCEPTANCE OF THE VEHICLE, WHICH MAY TAKE UP TO 2 WEEKS, OR THE DATE OF COUNTY'S RECEIPT OF CORRECT AND PROPER INVOICES, WHICHEVER DATE IS LATER. NOTE: UNLESS OTHERWISE QUALIFIED, INSTRUCTIONS AND CONDITIONS (LAST PAGE OF INVITATION FOR BID) IS CHANGED TO READ: QUOTATIONS ARE SUBJECT TO ACCEPTANCE AT ANY TIME WITHIN NINETY (90) CALENDAR DAYS AFTER OPENING. QUOTE PRICES EXCLUSIVE OF FEDERAL EXCISE TAX. IF TAX IS NOT APPLICABLE, SO STATE IN YOUR BID, QUOTE F.O.B. DELIVERED. FREIGHT PREPAID AND ALLOWED VENDOR: PAYS FREIGHT COST, OWN TITLE IN TRANSIT, FILE CLAIM(S) COUNTY: TAKES OWNERSHIP AT DESTINATION EQUIPMENT OFFERED MUST BE NEW, UNUSED, CURRENT MODELS. SPECIFICATIONS OF EQUIPMENT DESCRIBED HAVE BEEN DEEMED ADEQUATE TO SATISFY THE PERFORMANCE REQUIREMENTS OF THE REQUISITIONING DEPARTMENT. THE COUNTY OF LOS ANGELES RESERVES THE RIGHT TO MAKE AN AWARD ON EQUIPMENT WHICH MEETS FUNCTIONAL NEEDS AND IS SUITABLE FOR THE SERVICE REQUIRED. BIDDERS SHALL RETURN SPECIFICATION SHEET FULLY COMPLETED STATING ANY EXCEPTION TO SPECIFICATION IN LETTER FORM. FAILURE TO COMPLY WITH INSTRUCTIONS MAY BE CONSIDERED SUFFICIENT REASON FOR REJECTION OF YOUR OFFER. BIDDER MUST COMPLETE RIGHT IIAND COLUMN OF ANY ATTACHED SPECIFICATION SHEET WHEN TAKING EXCEPTION TO A SPECIFIC ITEM. INDICATE SUCH EXCEPTION IN THE SPACE PROVIDED. IF QUOTING AS SPECIFIED ON AN ITEM, INDICATE IN THE SPACE 'AS SPECIFIED'. THE COUNTY OF LOS ANGELES RESERVES THE RIGHT TO REJECT ALTERNATE Page 27 174 SPECIAL TERMS & CONDITIONS COMPANY N�MF. : REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 BID DUE: 04/13/17 12:00:00 PM OFFERS WIZEN THE POTENTIAL SAVINGS WILL NOT OFFSET THE COST TO TEST. DETERMINATION OF 'COST TO TEST' WILL BE AT THE SOLE DISCRETION OF THE COUNTY OF LOS ANGELES. ONE AWARD WILL BE MADE BASED ON THE LOWEST TOTAL ACCEPTABLE OFFER. PRE - PRINTED TERMS AND CONDITIONS /BIDDERS CONTRACT DOCUMENTS BIDDERS PRE- PRINTED TERMS AND CONDITIONS OR RESTRICTIUNS COMMON LY APPEARING ON TIIE REVERSE SIDE OF LETTERS SUBMITTED WITH TIIE BID AND /OR BIDDERS SPECIFICATIONS MATERIAL AND CONTRACT DOCUMENTS WILL BE DISREGARDED IN TI IE ABSENCE OF A POSITIVE WRITTEN STATEMENT FROM BUDDER THAT ALL OR A PARTICULAR PORTION OF SUCH H WRITINGS ARE IN ADDITION TO OR SUPERSEDE THE COUNTY TERMS AND CONDITIONS. RETURN OF GOODS RECEIVED: IN BIDDING, YOU AGREE TO ACCEPT FOR CREDIT ANY MERCHANDISE RETURNED IN GOOD CONDITION WITHIN FIVE. DAYS AFTER RECEIPT OF GOODS WITHOUT ANY HANDLING CHARGES, HOWEVER, NO RETURN SHALL BE MADE OF ANY MATERIAL WHICH HAS BEEN PUT INTO OPERATION OTHER THAN FOR TEST. WHEN PRODUCTS DE'LIVFRED FAIL TO MEET SPECIFICATION, COST OF INSPECTION SHALL BE FOR ACCOUNT OF VENDOR. THE COUNTY OF LOS ANGE'LE'S RESERVE'S THE RIGHT TO CANCEL ANY AGREEMENT FORMULATED FROM THIS INQUIRY IF DELIVERY OR SERVICES PROVE UNSATISFACTORY (DEFAULT) AND MAY PROCURE THE ARTICLES OR SERVICES FROM OTHER SOURCES AND MAY DEDUCT FROM UNPAID BALANCE DUE, THE VENDOR AND /OR MAY COLLECT AGAINST THE BOND OR SURETY FOR EXCESS COSTS SO PAID, THE PRICES PAID BY THE COUNTY OF LOS ANGELES SHALL BE CONSIDERED THE PREVAILING MARKET PRICE AT THE TIME SUCH PURCHASE IS MADE. THE COUNTY OF LOS ANGELUS SHALL BE SOLE JUDGE AS TO SATISFACTORY PERFORMANCE. STATE HERE THE MANUFACTURE'R'S WARRANTY COVERING PRECEDING EQUIPMENT: ON PARTS .......................... ON LABOR ........................#A) EACH EQUIPMENT ITEM ATED WARRANTY SERVICE WILL BE AWARDED ON A LOT "TOTAL BASIS. INSURANCE COVERAGE REQUIREMENTS; GENERAL LIABILILTY: INSURANCE (WRITTEN ON ISO POLICY FORM CG 00 01 OR ITS EQUIVALENT) WITH LIMITS OF NOT LESS THAN THE FOLLOWING: GENERAL AGGREGATE: $2 MILLION PRODUCTS /COMPLETED OPERATIONS AGGREGATE: $] MILLION PERSONAL AND ADVERTISING INJURY: $ I MILLION EACH OCCURENCE: $1 MILLION AUTOMOBILE LIABILITY: INSURANCE (WRITTEN ON ISO POLICY FORM CA 00 01 OR ITS EQUIVALENT) WITH A LIMIT OF LIBILITY OF NOT LESS THAN $1 MILLION FOR EACH ACCIDENT. SUCH INSURANCE SHALL INCLUDE. COVERAGE FOR ALL'OWNED 'HIRED' AND'NON- OWNED' VEHICI.FS, OR COVERAGE FOR'ANY AUTO'. WORKERS COMPENSATION AND EMPLOYERS' LIABILLITY: INSURANCE PROVIDING WORKERS COMPENSATION BENEFITS, AS REQUIRED BY THE LABOR CODE OF THE STATE OF CALIFORNIA OR BY ANY OTHER STATE, AND FOR WHICH CONTRACTOR IS RESPONSIBLE. IF CONTRACTOR'S EMPLOYEES WILL BE ENGAGED IN MARITIME EMPLOYMENT. COVERAGE SHALL PROVIDE WORKERS COMPENSATION BENEFITS AS REQUIRED BY TIIE U.S. LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT, JONES ACT OR ANY OTHER Page 28 ��4 p� &v 175 SPECIAL TERMS & CONDITIONS REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 BID DUE: 04/13/17 12:00:00 PM Page 29 FEDERAL LAW FOR WHICH CONTRACTOR IS RESPONSIBLE. IN ALL CASES, THE ABOVE INSURANCE ALSO SHALL INCLUDE EMPLOYERS' LIABILITY COVERAGE WITH LIMITS OF NOT LESS THAN THE FOLLOWING: EAC14 ACCIDENT: $1 MILLION DISEASE - POLICY LIMIT: $1 MILLION DISEASE - EACH EMPLOYEE: $1 MILLION INDEMNIFICATION AND INSURANCE REQUIREMENTS GENERAL INSURANCE REQUIREMENTS: WITHOUT LIMITING CONTRACTOR'S INDEMNIFICATION OF COUNTY AND DURING THE TERM OF ANY AGREEMENT FORMULATED FROM THIS INQUIRY, CONTRACTOR SHALL PROVIDE AND MAINTAIN, AND SHALL REQUIRE ALL OF ITS SUB - CONTRACTORS TO MAINTAIN, THE FOLLOWTNG PROGRAMS OF INSURANCE SPECIFIED IN ANY AGREEMENT FORMULATED FROM THIS INQUIRY. SUCH INSURANCE SHALL. BE PRIMARY TO AND NOT CONTRIBUTING WIT] I ANY OTHER INSURANCE OF SELF - INSURANCE PROGRAMS MAINTAINED BY COUNTY, AND SUCH COVERAGE SHALL BE PROVIDED AND MAINTAINED AT CONTRAC'TOR'S OWN EXPENSE. EVIDENCE OF INSURANCE: CERTIFICATE(S) OR OTHER EVIDENCE OF COVERAGE SATISFACTORY` TO COUNTY SHALL BE DELIVERED TO PURCHASING AGENT DESIGNEE PRIOR TO COMMENCING SERVICES UNDER ANY AGREEMENT FORMULATED AS A RESULT OF THIS INQUIRY. CERTIFICATES) OR OTHER EVIDENCE OF COVERAGE SHALL BE DELIVERED TO: ATTN: Anet Charbakhsh SOLICITATION # SUBJECT RFB NUMBER COUNTY OF LOS ANGELES - ISD 1100 NORTH EASTERN AVENUE RM #G115 LOS ANGELES, CA 90063 SUCH CERTIFICATES OR OTHER EVIDENCE SHALL: (1) SPECIFICALLY IDENTIFY SUBSEQUENT AGREEMENT. (2) CLEARLY EVIDENCE ALL COVERAGES REQUIRED IN SUBSEQUENT AGREEMENT. (3) CONTAIN THE EXPRESS CONDITION THAT COUNTY IS TO BE GIVEN WRITTEN NOTICE BY MAIL AT LEAST THIRTY (30) DAYS IN ADVANCE OF CANCELLATION FOR ALL POLICIES EVIDENCED ON THE CERTIFICATE OF INSURANCE. (4) INCLUDE COPIES OF THE ADDITIONAL INSURED ENDORSEMENT TO THE COMMERCIAL GENERAL LIABILITY POLICY, ADDING THE COUNTY OF LOS ANGELES ITS SPECIAL DISTRICTS, ITS OFFICIALS, OFFICERS AND EMPLOYEES AS INSUREDS FOR ALL ACTIVITIES ARISING FROM SUBSEQUENT AGREEMENT. (5) IDENTIFY ANY DEDUCTIBLES OR SELF - INSURED RETENTIONS FOR COUNTY'S APPROVAL, THE COUNTY RETAINS THE RIGHT TO REQUIRE CONTRACTOR TO REDUCE OR ELIMINATE SUCH DEDUCTIBLES OR SELF - INSURED RETENTIONS AS THEY APPLY TO COUNTY, OR, REQUIRE CONTRCTOR TO PROVIDE A BOND GUARANTEEING PAYMENT OF ALI, SUCH RETAINED LOSSES AND RELATED COSTS, INCLUDING, BUT NOT LIMITED TO, EXPENSES OR FEES, OR BOTH, RELATED TO INVESTIGATIONS, CLAIMS ADMINISTRATIONS, AND LEGAL. DEFENSE, SUCH BOND SHALL BE EXECUTED 13Y A CORPORATE SURETY LICENSED TO TRANSACT BUSINESS IN THE STATE OF CALIFORNIA. INSURER FINANCIAL RATINGS: INSURANCE IS TO BE PROVIDED BY AN INSURANCE COMPANY ACCEPTABLE TO THE COUNTY WITH AN A.M. BEST RATING OF NOT LESS THAN A:VII, UNLESS OTHERWISE APPROVED BY COUNTY. FAILURE TO MAINTAIN COVERAGE: FAILURE BY CONTRACTOR TO MAINTAIN THE REQUIRED INSURANCE, OR TO PROVIDE EVIDENCE OF INSURANCE COVERAGE ACCEPTABLE TO COUNTY, SI IALL CONSTITUTE A MATERIAL BREACH OF THE CONTRACT UPON WHICH COUNTY MAY IMMEDIATELY TERMINATE OR SUSPEND SUBSEQUENT AGREEMENT. COUNTY, AT ITS SOLE OPTION, MAY OBTAIN DAMAGES FROM CONTRACTOR RESULTING FROM SAID BREACH, ALTERNATIVELY, COUNTY MAY PURCHASE SUCH REQUIRED INSURANCE COVERAGE, AND WITHOUT FURTHER NOTICE TO CONTRACTOR, COUNTY MAY DEDUCT FROM SUMS DUE TO CONTRACTOR 176 REQUEST FOR BID SO NO : RFB- IS- 17201166 -1 BID DUE: 04/13/17 12:00:00 PM ANY PREMIUM COSTS ADVANCED BY COUNTY FOR SUCH INSURANCE. NOTIFICATION OF INCIDENTS, CLAIMS OR SUITS: CONTRACTOR SHALL REPORT TO COUNTY: (1) ANY ACCIDENT OR INCIDENT RELATING TO SERVICES PERFORMED UNDER SUBSEQUENT AGREEMENT WHICH INVOLVES INJURY OR PROPERTY DAMAGE WHICH MAY RESULT IN THE FILING OF A CLAIM OR LAWSUIT AGAINST CONTRACTOR AND /OR COUNTY. SUCH REPORT SHALL BE MADE IN WRITING WITHIN 24 HOURS OF OCCURRENCE. (2) ANY THIRD PARTY CLAIM OR LAWSUIT FILED AGAINST CONTRACTOR ARISING FROM OR RELATED TO SERVICES PERFORMED BY CONTRACTOR UNDER SUBSEQUENT AGREEMENT. (3) ANY INJURY TO A CONTRACTOR EMPLOYEE WHICH OCCURS ON COUNTY PROPERTY. THIS REPORT SHALL BE SUBMITTED ON A COUNTY "NON - EMPLOYEE INJURY REPORT" TO THE COUNTY CONTRACT MANAGER. (4) ANY LOSS, DISAPPEARANCE, DESTRUCTION, MISUSE, OR THEFT OF ANY KIND WHATSOEVER OF COUNTY PROPERTY, MONIES OR SECURITIES F,NTRUSTED TO CONTRACTOR UNDER TI•iE TERMS OF SUBSEQUENT AGREEMENT. COMPENSATION I'OR COUNTY COSTS: IN THE EVENT THAT CONTRACTOR FAILS TO COMPLY WITH ANY OF THE INDEMNIFICATION OR INSURANCE REQUIREMENTS OF SUBSEQUENT AGREEMENT, AND SUCH FAILURE TO COMPLY RESULTS IN ANY COSTS TO COUNTY, CONTRACTOR SHALL PAY FULL COMPENSATION FOR ALL COSTS INCURRED BY COUNTY. INSURANCE COVERAGE REQUIREMENTS FOR SUB - CONTRACTORS: CONTRACTOR SHALL ENSURE ANY AND ALL SUB - CONTRACTORS PERFORMING SERVICES UNDER SUBSEQUENT AGREEMENT MEET THE INSURANCE REQUREMENTS OF SUBSEQUENT AGREEMENT BY EITHER: (1) CONTRACTOR PROVIDING EVIDENCE OF INSURANCE COVERING THE ACTIVITIES OF SUB - CONTRACTOR, OR (2) CONTRACTOR PROVIDING EVIDENCE SUBMITTED BY SUB - CONTRACTORS EVIDENCING THAT SUB- CONTRCTORS MAINTAIN THE REQUIRED INSURANCE COVERAGE. COUNTY RETAINS THE RIGHT TO OBTRAIN COPIES OF EVIDENCE OF SUB - CONTRACTOR INSURANCE COVERAGE AT ANY TIME. CONTRACTOR'S FAILURE TO MAINTAIN OR TO PROVIDE ACCEPTABLE EVIDENCE THAT IT MAINTAINS THE REQUIRED INSURANCE SHALL CONSTITUTE A MATERIAL BREACH OF TIIE CONTRACT, UPON WHICH COUNTY IMMEDIATELY MAY WITHHOLD PAYMENTS DUE TO CONTRACTOR, AND /OR SUSPEND OR TERMINATE THIS CONTRACT. COUNTY, AT ITS SOLE DISCRETION, MAY OBTAIN DAMAGES FROM CONTRACTOR RESULTING FROM SAID BREACH. ALTERNATIVELY, THE COUNTY MAY PURCHASE TIIE REQUIRED INSURANCE, AND WITHOUT FURTHER NOTICE TO CONTRACTOR, DEDUCT THE PREMIUM COST FROM SUMS DUE TO CONTRACTOR OR PURSUE CONTRACTOR FOR REIMBURSEMENT. REQUIREMENTS FOR ONLINE RESPONSES: FOR THIS SOLICITATION VENDORS CAN RESPOND ONLINE AT: https:Hlacovss.lacounty.gov FOR THIS SOLICITATION, VENDORS MUST ATTACH A COPY OF THEIR RESPONSES TO TIIE COUNTY SOLICITATION STANDARD TERMS AND CONDITIONS, SPECIAL TERMS AND CONDITIONS, SPECIFICATIONS AND ANY OTHER REQUIRED ATTACHMENTS WHEN RESPONDING ONLINE. FOR ASSISTANCE RESPONDING ONLINE PLEASE CONTACT THE COUNTY ISD PROCUREMENT HELP DESK AT 323 - 267 -2729, VEHICLE PAYMENT UPON DELIVERY OF VEHICLES, VENDOR MUST SUPPLY ONE (1) COPY OF THE ORIGINAL PURCHASE ORDER ALONG WITH ONE (1) COPY OF THE COMPLETED SPECIFICATIONS WITH EACH VEHICLE, ALSO, VENDOR MUST SEND THE ORIGINAL COPY OF THE VEHICLE INVOICE TO THE BILLING ADDRESS LISTED ON THE PURCHASE ORDER. IF THESE INSTRUCTIONS ARE NOT COMPLETED AS REQUIRED, VENDOR PAYMENT(S) MAY BE DELAYED. 177 SPECIAL TERMS & CONDITIONS COMP,ANY.NAME r n REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 BID DUE: 04/13/17 12:00:00 PM ALL CHARGES, E.G., TRANSPORTATION, PACKING, INSTALLATION, MUST BE INCLUDED IN THE BID. NO CHARGES WILL BE ALLOWED UNLESS SPECIFIED IN THE BID. DEFAULT: IN THE EVENT VENDOR FAILS TO PERFORM HEREUNDER AND DOES NOT CURE SUCH FAILURE WITHIN FIFTEEN (15) CALENDAR DAYS OF THE DATE COUNTY'S NOTICE WAS SENT TO VENDOR, COUNTY MAY, AT ITS SOLE DISCRETION, CANCEL OR TERMINATE THIS PURCHASE ORDER. SUCH CANCELLATION OR TERMINATION SHALL BE AT NO COST TO COUNTY. SHOULD COUNTY SO CANCEL OR TERMINATE, COUNTY MAY AT ITS SOLE DISCRETION, PROCURE THE ITEMS OR SERVICES FROM OTHER SOURCES AND VENDOR SHALL BE LIABLE TO COUNTY FOR ANY AND ALL EXCESS COSTS, DETERMINED BY COUNTY, FOR SUCH ITEMS OR SERVICES. TERMINATION FOR CONVENIENCE: ANY AGREEMENT MAY BE TERMINA'T'ED, WHEN SUCH ACTION IS DEEMED BY COUNTY TO BE IN ITS BEST INTEREST. TERMINATION SHALL BE EFFECTED BY DELIVERY TO VENDOR OF A NOTICE OF TERMINATION SPECIFYING THE EXTENT TO WHICH PERFORMANCE OF AGREEMENT IS TERMINATED AND THE DATE UPON WHICH SUCH TERMINATION BECOMES EFFECTIVE, WHICH SHALL BE NO LESS THAN TEN (10) DAYS AF'T'ER THE NOTICE IS SENT. AFTER RECEIPT OF A NOTICE OF TERMINATION, VENDOR SHALL SUBMIT ITS TERMINATION CLAIM AND INVOICE TO COUNTY, IN THE FORM AND WITH ANY CERTIFICATIONS AS MAY BE PRESCRIBED BY COUNTY. SUCH CLAIM AND INVOICE SHALT,. BE SUBMITTED PROMPTLY, BUT NOT LATER THAN THREE MONTHS FROM THE EFFECTIVE DATE OF TERMINATION, UPON FAILURE OF VENDOR TO SUBMIT ITS TERMINATION CLAIM AND INVOICE WITHIN THE TIME ALLOWED, COUNTY MAY DETERMINE ON THE BASIS OF INFORMATION AVAILABLE TO COUNTY, THE AMOUNT, IF ANY, DUE TO VENDOR IN RESPECT TO THE TERMINATION, AND SUCH DETERMINATION SHALL BE FINAL. WHEN SUCH DETERMINATION IS MADE, COUNTY SHALL PAY VENDOR THE AMOUNT SO DETERMINED. VENDOR SHALL HONOR PURCHASE ORDERS ACCEPTED ON OR BEFORE THE EFFECTIVE DATE OF TERMINATION. TERMINATION FOR FAILURE TO OPERATE IN ORDINARY COURSE: VENDOR'S STABILITY WAS AND /1S A PRIMARY BASIS FOR ENTERING INTO AND CONTINUING WITH AGREEMENT, THEREFORE, COUNTY MAY TERMINATE ANY AGREEMENT BY THIRTY (30) DAYS WRITTEN NOTICE SHOULD VENDOR FAIL TO CONTINUE TO DO BUSINESS IN THE ORDINARY COURSE. TERMINATION FOR GRATUITIES: COUNTY MAY, BY WRITTEN NOTICE TO VENDOR, TERMINATE THE RIGHT OF VENDOR TO PROCEED UNDER ANY AGREEMENT UPON TEN (10) DAYS WRITTEN NOTICE, IF IT IS FOUND THAT GRATUITIES IN THE I=ORM OT.- ENTERTAINMENT, GIFTS, OR OTHERWISE WERE OFFERED OR GIVEN BY, OR ANY AGENT OR REPRESENTA'T'IVE OF VENDOR, TO ANY OFFICER OR EMPLOYEE OF COUNTY WITH A VIEW TOWARD SECURING A CONTRACT OR SECURING FAVORABLE TREATMENT WITH RESPECT TO THE AWARD OF AMENDING,OR THE MAKING OF ANY DETERMINATIONS WITH RESPECT TO THE PERFORMING, OF SUCH CONTRACT. IN THE EVENT OF SUCI- 1'I'L- 'jwINATION, C:OUNY SHALL BE ENTITLED TO PURSUE THE SAME REMEDIES AGAINST VENDOR AS IT COULD PURSUE IN THE EVENT OF DEFAULT BY VENDOR. This solicitation IS NOT for a federally funded purcbase. Only Local Small Business Enterprises certified by the Office of Small Business ( OSB ) are eligible for the Local SBE Preference. PROCUREMENT RATED AS COMPLEX Page 31 178 PRICI COMPF LINE NO. 3 SHEET REQUEST SO .NY NAME Hl' - COMMODITY/ SERVICE DESCRIPTION COMMODITY CODE: 070- 57 -00- 0000000 VEHICLE - SUV, AWD, 1 1,000 LBS. GV WR, 6.0 FOR BID NO : RFB -IS- 17201166 BIDDUE: 04/13/17 QUANTITY FROMITO 14.00 12:00:00PM UOM EA -1 UNIT PRICE Q- (]i � Page 32 EXTENDED - AyMOI,'�N7T a [ f � 1� LITER / V -8 ENGINE, 6 -SPEED AUTO - PER THI: ATTACHED SPECIFICATIONS LABELED AS EXHIBIT A / #FD737- 16 -17. * *VEHICLE OFFERL:LU "' YEAR: cJ 1-7 MAKE: MODEL: R TRIM: CAPITAL ASSET #159 UNIT CODE# 40228 OBJECT CODE: # 6049 68# B231931 1�~ 111t'LESS SPECIFIED ELSEWHERF. SHIP TO FIRE FLEET SERVICES DIV -ADMIN 1104 N. EASTERN AVE #26 - FFS SPECIAL SERVICES LOS ANGELES, CA 90063 ATTN: FUND #40228 COMMODITY CODE: 070- 57 -00- 0000000 70.00 EA TIRE TAX (S1.75 PER TIRE X 14 VEHICLES) - PER THE ATTACHED SPECIFICATIONS LABELED AS EXHIBIT A / IIFD737- 16 -17. CAPITAL ASSET# #159 UNIT CODE# 40228 OBJECT CODE: # 6049 68# B231931 UNLESS SPECIFIED ELSEWHERE SHIP TO: FIRE FLEET SERVICES DIV -ADMIN 1104 N. EASTERN AVE #26 - FFS SPECIAL SERVICES LOS ANGELES, CA 90063 ATTN : FUND#40228 179 SPECIFICATIONS FOR 11,000 # - ALL WHEEL DRIVE UTILITY VEHICLE Bid Number: RFB- IS- 17201166 Specifications: Exhibit A / D737 -16 -17 Year: 2016 -17 Make � Model �( &UA � Firm Name Address Diversified Lewin xvitain nit. Alhambra, CA 91801 Bidder shall indicate opposite each item of these specifications wherein the unit offered differs from unit described. .E CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY SPECIFICATIONS FOR 11,000# 4x4 UTILITY VEHICLE SPECIFICATIONS FD737 -16 -17 1. STATEMENT OF SOLICITATION The Consolidated Fire Protection District of Los Angeles County, hereinafter District, is desirous of purchasing 11,000# 4x4 utility vehicles. As Specified One (1) sealed proposal from reputable automotive dealers for vehicles equipped in accordance with these specifications. Bid prices must be guaranteed for the current model year. 2. NOTICE TO BIDDERS When submitting bids, bidders are required to indicate opposite each item of these specifications when the unit offered differs from the unit described. Terms such as, "As specified," "To meet specifications," As Specified "Per your specifications," or omission of detailed information will be interpreted as being in complete compliance with specifications. Bidders may not take exception to items in these specifications where the term "No exceptions" is specified. When submitting bids, bidders are required to submit detailed literature and pictures of the vehicle they propose to furnish. Bids will be considered on a vehicle complying substantially with these specifications as determined by the District, provided each As Specified deviation is explained in detail and the substitution is described. The determination of "equal" rests solely with the District. All warranties, expressed or implied, must be submitted in writing and may be evaluated as part of the bidder's formal bid offering. Delivery time must be submitted in writing and may be evaluated as part of the bidder's formal bid offering. AS Specified Bidders are required to state the unit price complete, exclusive of sales tax, in this bid. Prices quoted shall be F.O.B. Los Angeles. 2 181 Failure to adhere to the aforementioned requirements for bid submission may be sufficient cause for rejection of the bid. A. Indemnification Successful bidder and /or fire departments participating in this solicitation agree to indemnify, defend and hold harmless District and County, and their elected and appointed officers, employees, and agents from and against any and all liability and expense, including defense costs and legal fees, arising from or connected with claims and lawsuits for damage relating to the execution of this solicitation, subsequent purchases or contract, or lawsuits and damages relating to the products, equipment and /or apparatus purchased under said agreement. B. Formal Approval for Contract Acceptance of a proposal does not constitute a contract with the District. A contract shall be created only by formal approval by the Board of Supervisors of the County of Los Angeles or issuance of a purchase order by the County Purchasing Agent. C. District Option to Deject All Proposals The District may, at its discretion, reject all proposals submitted in response for bids. Under no circumstances shall the District be liable for any costs incurred in connection with the preparation and submission of any proposal. 3. LIQUIDATED DAMAGES All time limits stated in the purchase order are of the essence. Should the delivery not be completed on or before the time stipulated, it is mutually agreed by and between the successful bidder and the District that: A delay would seriously affect the public and the operation of the District; that a reduction in the unit price of Fifty Dollars ($50) per calendar day for each and every day for each unit which exceeds the delivery time set forth in the purchase order is the nearest measure of damages for each delay that can be fixed at this time; therefore, the District and the successful bidder hereby establish said reduction in the unit price of Fifty Dollars ($50) per calendar day for each and every day of delay for each unit as liquidated damages and not as a penalty or forfeiture for the breach of agreement to complete delivery by the successful bidder on or before the time specified in the purchase order. Liquidated damages shall not apply to time elapsing between date of delivery and date of notification to the successful bidder or rejection of sub - specification material. ,�.s Specified As Specified As Specified As Specified As Specified NA The above conditions may be evoked if deliveries exceed the specified time or if replacement of material not meeting specification exceeds the specified time. Should the successful bidder be obstructed or delayed in the work required to be done herewith by changes in the work or by default, act, or omission of the District, or by strikes, fires, acts of God, or by the inability to obtain materials, equipment or labor due to federal government restrictions arising out of the defense or war program, then the time of completion shall be extended for such periods as may be agreed upon by the District and the successful bidder. If there is insufficient time to grant such extensions prior to completion date of the contract, the District may, at the time of acceptance of the work, waive liquidated damages which may have accrued for failure to complete the work on time, due to any of the above, after hearing evidence as to the reasons for such delay and making a finding as to the cause of same. In the event that the successful bidder is on strike at the time of the award of the bid, the District reserves the option to accept the first acceptable bid from a manufacturer that is not on strike. 4. COMPLIANCE WITH ODES AND STATUTES The vehicle shall conform in every respect with the latest editions of the Motor Vehicle and Administrative Codes and Regulations of the State of California, Federal Motor Vehicle Safety Standards and all applicable provisions of the California Occupational Safety and Health Act. It is the sole responsibility of the successful bidder to advise the District in writing of any conflicts between the requirements herein and the aforementioned Codes and Standards. THIS VEHICLE IS USED FOR RESPONDING TO EMERGENCY FIRE CALLS AND IS EXEMPT FROM THE REQUIREMENTS OF CALIFORNIA LAW FOR MOTOR VEHICLE POLLUTION CONTROL DEVICES AS PER SECTION 27156.2 OF THE CALIFORNIA VEHICLE CODE. 5. INTENT OF SPECIFICATIONS It is the intent of these specifications to obtain a vehicle that will meet the rigorous requirements of fire department service. These specifications are intended to describe the type, size and quality of vehicle desired and to cover the furnishing and delivery to the purchaser of a complete vehicle equipped as hereinafter specified. :sP0- ci; Jed As Specified As Specified As Specified As Specified 183 These specifications are intended to describe the District's minimum requirements. As Specified Minor details of construction and materials, where not otherwise specified, are left to the discretion of the manufacturer, who shall be solely responsible for the design and construction of all features. 6. INFORMATION REQUIRED A. The following printed material shall be furnished with EACH vehicle, unless noted "total ", at the time of delivery: 1 - Operator's Manual 1 - Warranty Book and /or Card AS Specified 1 — Delayed Warranty Start Date Form 2 - Dealer's New Vehicle Report Of Sale 1 - Smog Certificate (if required) 1 — Invoice for Vehicle Received Registration documentation shall indicate the legal and registered owner as: CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS As ecl ANGELES COUNTY p fled 1104 North Eastern Ave. Door 33 Los Angeles, CA 90063. Failure to provide any of the printed material specified above may be cause for rejection of the vehicle(s). 7. GENERAL A. The complete vehicle, including the body, finish, fittings, As Specified components and accessories shall be the latest model, shall be new and shall not be used in demonstrator or other service, and shall be factory standard or factory provided in all respects not in conflict with specific requirements. B. The design of the vehicles will be such that it does not hamper As Specified or restrict subsequent installation and use of emergency equipment and light bar siren configuration to the satisfaction of the District. C. When the specification for particular items is not defined, As Specified manufacturer's standards are either satisfactory, or they are not applicable to this vehicle. s :, D. All "standard" equipment will appear on the vehicle as listed or As Specified reflected in the manufacturer's current sales brochure. E. Successful bidder to provide verification of dealer order within As Specified fifteen (15) days of receiving purchase order. The verification is to be forwarded to the District's Division Chief of Fire Fleet Services. 8. WARRANTY A. Manufacturer's standard warranty shall be provided. Three (3) As Specified years / 36,000 miles minimum. B. Manufacturer's standard warranty for drive train and roadside As Specified assistance shall be provided. Five (5) years / 100,000 miles. C. Manufacturer's standard warranty for corrosion shall be As Specified provided. Minimum Six (6) years / 100,000 miles. D. The warranty shall begin from the date and odometer reading As Specified when the District places the vehicle in active service. E. Warranty work will be performed at any dealership convenient to As Specified the District. F. Use of other than original equipment parts shall not void the As Specified warranty. G. Routine required service inspections will be performed by As Specified District mechanics and shall not void the warranty. 9. DELIVERY A. All vehicles delivered to the District as a result of this solicitation As Specified shall be identical in every respect with the vehicle called for specifically in these specifications unless otherwise noted herein. B. The vehicle will have the dealer preparation service work, As Specified normally performed by the dealer, completed prior to delivery. C. The vehicle will be delivered clean, with fuel tanks full, and As Specified ready for immediate service. D. District personnel will inspect the vehicle for compliance with As Specified specifications. If defects are found requiring correction, it shall be the dealer's responsibility to return them to the agency for correction. All transportation to and from the District's Fire Shop will be the responsibility of the vendor until the vehicle or vehicles are accepted. Any vehicle or vehicles not accepted shall be removed immediately from the County Facility at the vendor's expense. E. The vehicle shall be delivered to the District's Fire Shop, 1104 As Specified s 185 North Eastern Avenue, Door 33, Los Angeles. The District's Division Chief of Fire Fleet Services shall be notified at (323) 881 -3020, 24 hours prior to delivery, between the hours of 8:00 a.m. and 3:00 p.m. daily, excepting weekends and holidays. 10. VEHICLE DIMENSIONS AND CAPACITIES A. Wheelbase — 130" max B. Length — 224" max C. Width — 81" max D. Height — 76" max E. Ground clearance — 8" min F. Seating Front — 2 Middle — 3 Rear - 3 G. Head room Front — 43" min Middle — 39" min Rear — 39" min H. Shoulder room Front — 65" min Middle — 65" min Rear — 63" min I. Hip room Front — 61" min Middle — 61" min Rear - 49" min J. Leg room Front — 45" min Middle — 40" min Rear — 35" min K. Load floor length, to front seat, at floor — 100" min L. Inside width, between wheel housing 49" min M. Cargo area height — 35" min N. Turning diameter, curb -to -curb — 43' max O. Approximate fuel capacity — 39 gallons min P. GVWR - 11,000 Ibs min Q. Payload - 4,400 Ibs min As Specified As Specified As Specified As Specified As Specified As Specified As Specified As Specified As Specified As Specified As Specified As Specified As Specified As Specified As Specified As Specified As Specified As Specified As Specified As Specified As Specified As Specified As Specified Mfg. Std. As Specified As Specified As Specified 7 186 11. MECHANICAL A. 6.OL Variable Valve Timing V8 SFI engine, 360 HP minimum, minimum 380 ft Ibs torque @ 4200 rpm B. 220 amp Alternator C. Auxiliary Isolated Battery D. High Capacity Air Cleaner E. Heavy Duty Engine and Transmission Oil Coolers F. 6 -speed Heavy Duty automatic transmission G. Heavy Duty Frame and Suspension with Rear Leaf Springs H. Twin tube shock absorbers I. 4 -wheel disc ABS with Severe Service Rotors J. Recirculating ball style steering K. Transfer case, active, 2 -speed elecjfgn"#)fggt4ry controls on dash L. 4.10 Axle ratio M. 8 Lug 17" Aluminum Wheels N. Tire pressure monitor system O. LT265/70R17E all- terrain 6 -ply tires with full size spare 12. EXTERIOR A. Front intermittent wipers with rain -sense B. Remote keyless entry with a total of six (6) keys and fobs AfterrnaTket keys and fobs are not acceptable. C. Larger Side View Heated Mirrors (black) D. Rear Vision Camera E. Rear Park Assist with audible warning F. Frame mounted recovery hooks 13. INTERIOR As Specified As Specified As Specified As Specified As Specified As Specified As Specified As Specified, rear Mfg. Std. Mfg. Std. As Specified As Specified As Specified As Specified As Specified As Specified As Specified As Specified As Specified As Specified As Specified s 187 A. Front bucket seats with cloth. As Specified B. 10 -way power driver seat with 6 -way power cushion, 2 -way As Specified power lumbar control and power recline C. Passenger seat with power fore /aft, power recline and power As Specified lumber. D. 2nd -row and 3rd -row manual 60/40 split - folding bench seat. As Specified E. Tri -zone automatic climate control As Specified F. AM /FM Stereo Audio system. As specified G. Factory Bluetooth for personal cell phone connectivity to As Specified vehicle audio system H. Single -slot CD /MP3 player As Specified I. 5 USB ports As Specified J. Auxiliary jack for full USB /CD card As Specified K. 110v Power Outlet (3 prong) 150 Watts As Specified 14, PAINT A. The vehicles shall be factory painted 'Black" on the assembly As Specified line. B. The vehicle shall be taken from the assembly line to an OEM As Specified approved "After- market Paint Facility" to be repainted "Victory Red ". The door jams, under -hood and under rear hatch shall not be painted; however, the color shall wrap around to the hem flange so when doors are shut the truck will show Victory Red. The handles shall also be painted. This shall be a 2 -stage base /clear paint process and cover a 3 year /36,000 mile warranty. The paint job shall not void the OEM factory warranty. C. No other color shall be acceptable, No Exception. As Specified D. Vehicle shall not have more than 50 miles upon delivery and 7as s p�_ ecifted acceptance by LACoFD. These specifications were prepared by Power Equipment Spec Writer David Thornton and approved by Fire Fleet Services Division Chief, at (323) 881 -3020. M b CHROMEDATAT" LA County 1166 Suburban WIRE ;0 CHROMEDATA" Table of Contents • Weight Rating • Technical Specifications • Selected Model and Options • Standard Equipment Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region. Performance Figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided. Data Version: 2494, Data updated Apr 11, 2017 9:17:00 PM PDT Apr 12, 2017 E Page 2 CHROMEDATk- LA County 1166 Suburban Weight Ratings WEIGHT RATINGS Front Gross Axle Weight Rating: Rear Gross Axle Weight Rating: Gross Vehicle Weight Rating: N/A N/A 11000.00 Ibs Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region. Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided. Data Version: 2494, Data updated Apr 11, 2017 9:17:00 PM PDT Apr 12, 2017 191 Page 3 0 CHROMEDATA" Technical Specifications Powertrain Transmission Mileage Engine LA County 1166 Suburban Drivetrain Trans Order Code Trans Type Trans Description Cont. Trans Description Cont. Again First Gear Ratio (:1) Second Gear Ratio (:1) Third Gear Ratio (:1) Fourth Gear Ratio (A) Fifth Gear Ratio (:1) Sixth Gear Ratio (1) Reverse Ratio (:1) Clutch Size Trans Power Take Off Final Drive Axle Ratio (:1) Transfer Case Model Transfer Case Gear Ratio (1), High Transfer Case Gear Ratio (1), Low Transfer Case Power Take Off EPA Fuel Economy Est - Hwy Cruising Range - City EPA Fuel Economy Est - City Fuel Economy Est- Combined Cruising Range - Hwy Engine Order Code Engine Type Displacement Four Wheel Drive MYD 6 Automatic N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A L96 Gas V8 6.0 L/ -T8 D- Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region. Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided. Data Version: 2494, Data updated Apr 11, 2017 9:17:00 PM PDT Apr 12, 2017 Page 4 192 CHROMEDATKA LA County 1166 Suburban Powertrai n Engine Fuel System SAE Net Horsepower @ RPM SAE Net Torque @ RPM Engine Oil Cooler Electrical Cold Cranking Amps @ 0° F (Primary) Cold Cranking Amps @ 0° F (2nd) Cold Cranking Amps @ 0° F (3rd) Maximum Alternator Capacity (amps) Cooling System Total Cooling System Capacity Vehicle ' Emissions Tons /yr of CO2 Emissions @ 15K mi /year EPA Greenhouse Gas Score Vehicle Rear Door Type Chassis Weight Information Direct Injection N/A N/A N/A 730 N/A N/A 220 N/A 9.8 N/A Liftgate Trim Curb Weight N/A Standard Weight - Front 0.00 Ibs Standard Weight - Rear 0.00 Ibs Base Trim Weight - Front N/A Base Trim Weight - Rear N/A Gross Axle Wt Rating - Front N/A Gross Axle- Wt Rating - Rear N/A Curb Weight - Front N/A Curb Weight - Rear N/A Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region. Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided. Data Version: 2494, Data updated Apr 11, 2017 9:17:00 PM PDT Apr 12, 2017 Page 5 193 CHROMEDATA" Chassis Weight Information Trailering Frame Suspension LA County 1166 Suburban Option Weight - Front Option Weight - Rear Reserve Axle Capacity - Front Reserve Axle Capacity - Rear As Spec'd Curb Weight As Spec'd Payload Maximum Payload Capacity Gross Combined Wt Rating Gross Axle Weight Rating Curb Weight Reserve Axle Capacity Total Option Weight Payload Weight Front Payload Weight Rear Gross Vehicle Weight Rating Dead Weight Hitch - Max Trailer Wt. Dead Weight Hitch - Max Tongue Wt. Wt Distributing Hitch - Max Trailer Wt. Wt Distributing Hitch - Max Tongue Wt. Maximum Trailering Capacity Frame Type Sect Modulus Rails Only Frame RBM Frame Strength Frame Thickness Suspension Type - Front 0.00 Ibs 0.00 Ibs N/A N/A N/A N/A N/A N/A N/A N/A N/A 0.00 Ibs 0 Ibs 0 Ibs 11000.00 Ibs 5000 Ibs 500 Ibs 6000 Ibs 600 Ibs N/A N/A N/A N/A N/A N/A Independent Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region. Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided. Data Version: 2494, Data updated Apr 11, 2017 9:17:00 PM PDT Apr 12, 2017 Page 6 194 CHROMEDATA" Chassis Suspension Tires Wheels LA County 1166 Suburban Suspension Type - Rear Spring Capacity - Front Spring Capacity - Rear Axle Type - Front Axle Type - Rear Axle Capacity - Front Axle Capacity - Rear Axle Ratio (1) - Front Axle Ratio (:1) - Rear Shock Absorber Diameter - Front Shock Absorber Diameter - Rear Stabilizer Bar Diameter - Front Stabilizer Bar Diameter - Rear Front Tire Order Code Rear Tire Order Code Spare Tire Order Code Front Tire Size Rear Tire Size Spare Tire Size Front Tire Capacity Rear Tire Capacity Spare Tire Capacity Revolutions /Mile @ 45 mph - Front Revolutions /Mile @ 45 mph - Rear Revolutions /Mile @ 45 mph - Spare Front Wheel Size Rear Wheel Size Spare Wheel Size Multi -Link N/A N/A Independent Semi - Floating N/A N/A 4.10 4.10 N/A N/A N/A N/A QXT QXT ZXT LT265/70R17E LT265/70R17E LT265/70R17E N/A N/A N/A N/A N/A N/A 17 x -TBD- in 17 x -TBD- in 17 x -TBD- in Prices, specificatioms. and availability are subject to change wilhaut notice, and do not include certain fees, taxes and charges that may be required by law orvary by manufacturer or - region, Performance figures are guidelines only, and actual parformanee may vary. photos may not represent selual vehicles or exact configurations. Content based on report preparer's Input is subject to the accuracy of the input provided. Data Version: 2494, Data updated Apr 11, 2017 9:17:00 PM PDT Apr 12, 2017 Page 7 195 CHROMEDATA "' Chassis Wheels Steering Brakes Fuel Tank Dimensions Interior Dimensions LA County 1166 Suburban Front Wheel Material Rear Wheel Material Spare Wheel Material Steering Type Steering Ratio (:1), Overall Steering Ratio (1), On Center Steering Ratio (A), At Lock Turning Diameter - Curb to Curb Turning Diameter - Wall to Wail Brake Type Brake ABS System Brake ABS System (Second Line) Disc - Front (Yes or ) Disc - Rear (Yes or ) Front Brake Rotor Diam x Thickness Rear Brake Rotor Diam x Thickness Drum - Rear (Yes or ) Rear Drum Diam x Width Fuel Tank Capacity, Approx Aux Fuel Tank Capacity, Approx Fuel Tank Location Aux Fuel Tank Location Passenger Capacity Front Head Room Aluminum Aluminum Steel Pwr Rack & Pinion N/A N/A N/A N/A N/A Pwr 4 -Wheel N/A Yes Yes N/A N/A N/A N/A 39 gal N/A N/A N/A 8 42.80 in Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region. Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the Input provided. Data Version: 2494, Data updated Apr 11, 2017 9:17:QD PM PDT Apr 12, 2017 Page 8 196 CHROMEDATA " ,;0 Dimensions Interior Dimensions Exterior Dimensions LA County 1166 Suburban Front Leg Room Front Shoulder Room Front Hip Room Second Head Room Second Leg Room Second Shoulder Room Second Hip Room Third Head Room Third Leg Room Third Shoulder Room Third Hip Room Wheelbase Length, Overall w /rear bumper Width, Max w/o mirrors Height, Overall Overhang, Front Overhang, Rear w/o bumper Front Bumper to Back of Cab Cab to Axle Cab to End of Frame Ground to Top of Load Floor Ground to Top of Frame Frame Width, Rear Ground Clearance, Front Ground Clearance, Rear Body Length Rear Door Opening Height Rear Door Opening Width Side Door Opening Height 45.30 in 64.80 in 60.80 in 39.10 in 39.70 in 65.10 in 60.30 in 38.50 in 34.50 in 62.60 in 49.30 in 130.00 in 224.4 in 80.50 in 75.6 in N/A N/A NIA N/A N/A 35.43 in N/A NIA 7.85 in 7.85 in 0.00 ft N/A N/A N/A Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region. Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided. Data Version: 2494, Data updated Apr 11, 2017 9:17:00 PM PDT Apr 12, 2017 Page 9 197 C H RQ M E DATA "" ,;0 Dimensions Exterior Dimensions Cargo Area Dimensions Exterior Doors LA County 1166 Suburban Side Door Opening Width Step Up Height - Front Step Up Height - Side Cab to Body Cargo Area Length @ Floor to Console Cargo Area Length @ Floor to Seat 1 Cargo Area Length @ Floor to Seat 2 Cargo Area Length @ Floor to Seat 3 Cargo Box Width @ Top, Rear Cargo Area Width @ Beltline Cargo Box Width @ Floor Cargo Box Width @ Wheelhousings Cargo Box (Area) Height Tailgate Width Cargo Volume Cargo Volume to Seat 1 Cargo Volume to Seat 2 Cargo Volume to Seat 3 Cargo Volume to Seat 4 Ext'd Cab Cargo Volume Side Door Type N/A N/A N/A N/A N/A 100.3 in 63.6 in 31.6 in N/A N/A N/A 49.3 in 34.92 in N/A N/A 121.1 W 76.7 W 38.9 W N/A N/A N/A Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region. Performance figures are guidelines only, and actual performance may vary. Photas may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided. Data Version: 2494, Data updated Apr 11, 2017 9:17 :00 PM PDT Apr 12, 2017 Page 10 •- CHROMEDATA' LA County 1166 Suburban Selected Model and Options MODEL CODE MODEL CK35906 2017 Chevrolet Suburban 4WD 4dr 3500 LS COLORS CODE DESCRIPTION GBA Black PREFERRED EQUIPMENT GROUP CODE DESCRIPTION 11-S LS Preferred Equipment Group Includes Standard Equipment SEAT TYPE CODE DESCRIPTION A95 Seats, front bucket with Premium Cloth passenger seat includes power fore /aft, power recline and Power lumbar, 10- way power driver seat includes 6 -way power cushion, 2 -way power lumbar control and power recline (STD) PAINT CODE DESCRIPTION GBA Black AXLE CODE DESCRIPTION GT5 Rear axle, 4.10 ratio SEAT TRIM CODE DESCRIPTION HOU Jet Black, Premium cloth seat trim Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region. Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided. Data Version: 2494, Data updated Apr 11, 2017 9:17:00 PM PDT Apr 12, 2017 Page 11 WE CHROMEDATA "" LA County 1166 Suburban RADIO CODE DESCRIPTION 105 Audio system, Chevrolet MyLink Radio with 8" diagonal color touch - screen AM /FM stereo with seek - and -scan and digital clock, includes Bluetooth streaming audio for music and select phones; voice - activated technology for radio and phone; and Shop with the ability to browse, select and install apps to your vehicle. You can customize your content with audio, weather and more; featuring Apple CarPlay and Android Auto capability for compatible phone; 5 USB ports and 1 auxiliary jack (STD) ENGINE CODE DESCRIPTION L96 Engine, Vortec 6.OL Variable Valve Timing V8 SFI (360 hp [268.4 kW] @ 5400 rpm, 380 lb-ft of torque [513.0 N- m] @ 4200 rpm) TRANSMISSION CODE DESCRIPTION MYD Transmission, 6 -speed automatic EMISSIONS CODE DESCRIPTION Y175 Emissions, California state requirements PAINT SCHEME CODE DESCRIPTION ZY1 Paint scheme, solid application Options Total Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that maybe required bylaw or vary by manufacturer or region. Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided. Data Version: 2494, Data updated Apr 11, 2017 9:17:00 PM PDT Apr 12, 2017 Page 12 ae CHROMEDATA "' M;O Standard Equipment Mechanical Exterior LA County 1166 Suburban Suspension Package, Standard includes 50mm Mono -tube front and 51 mm twin -tube rear shock absorbers and 42mm front stabilizer bar Engine, Vortec 6.01- Variable Valve Timing V8 SFI (360 hp [268.4 kW] @ 5400 rpm, 380 lb-ft of torque [513.0 N- MI @ 4200 rpm) Transmission, 6 -speed automatic Rear axle, 4.10 ratio Transfer case, active, 2 -speed electronic Autotrac with rotary controls Skid Plate Package Differential, heavy -duty locking rear 4 -wheel drive Air cleaner, high- capacity Cooling, external engine oil cooler, heavy -duty air -to -oil integral to driver side of radiator Cooling, auxiliary transmission oil cooler, heavy -duty air -to -oil Battery, 730 cold- cranking amps Alternator, 220 amps Trailering equipment includes trailering hitch platform, 7 -wire harness with independent fused trailering circuits mated to a 7 -way sealed connector and 2" trailering receiver Trailer sway control Tow /haul mode selector Recovery hooks, 2 front, frame - mounted GVWR, 11,000 lbs. (4990 kg) Hill hold feature Hill Start Assist Steering, power Brakes, 4 -wheel antilock, 4 -wheel disc Wheels, 17" (43.2 cm) machined aluminum Tires, LT265/70R17E all- terrain, blackwall Tire, spare LT265/70R17E all- terrain, blackwall Wheel, 17" (43.2 cm) full -size steel spare Tire carrier, lockable outside spare, winch -type mounted under frame at rear Active aero shutters, front Prices, speCifiralions. and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region. Performance figures are guidetines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the input provided. Data Version; 2491. Data updated Apr 11, 2017 9:17:00 PM PDT Apr 12, 2017 Page 13 201 CHROMEDATA'° Exterior Entertainment Interior LA County 1166 Suburban Fascia, front body -color Fascia, rear body -color Luggage rack side rails, roof - mounted Assist steps, Black Mirrors, outside heated power - adjustable, manual - folding, Black Glass, deep- tinted Glass, acoustic, laminated Windshield, solar absorbing Wipers, front intermittent, Rainsense Wiper, rear intermittent with washer Liftgate, rear manual Audio system, Chevrolet MyLink Radio with 8" diagonal color touch- screen AM /FM stereo with seek -and -scan and digital clock,. includes Bluetooth streaming audio for music and select phones; voice- activated technology for radio and phone; and Shop with the ability to browse, select and install apps to your vehicle. You can customize your content with audio, weather and more; featuring Apple C If a and Android Auto capability for compatible phone, 5 USB ports and 1 auxiliary jack (STD) Audio system feature, single -slot CD /MP3 player Audio system feature, 6- speaker system SiriusXM Satellite Radio Is standard on nearly all 2017 GM models. Enjoy a 3 -month All Access trial subscription with over 150 channels including commercial -free music, plus sports, news and entertainment, Plus listening on the app and onifne is included. so you'fl hear the best SiriusXM has to offer, anywhere life takes you. Welcome to the world of SiriusXM, (IMPORTANT- The SiriusXM Satellite Radio trial package is not provided on vehicles that are ordered for Fleet Daily Rental ( "FDR ") use. 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 us at 1 -866 -635- 2349. See our Customer Agreement for complete terms at www.siriusxm.com. All fees and programming subject to change.) Radio, HD Bluetooth for phone personal cell phone connectivity to vehicle audio system OnStar 4G LTE and built -in Wi -FI hotspot connects to the Internet at 4G LTE speeds; includes OnStar Data Trial for 3 months or 3GB (whichever comes first) (Visit www,onstar.com for coverage map, details and system limitations. Services vary by model. OnStar acts as a link to existing emergency service providers. Not all vehicles may transmit all crash data. Available Wi -Fi requires compatible mobile device, active OnStar service and data plan. Data plans provided by AT&T.) Seats, front bucket with Premium Cloth passenger seat includes power fore /aft, power recline and Power lumbar, 1 d -way power driver seat includes 6 -way power cushion, 2 -way power lumbar control and power recline (STD) Seat adjuster, driver 6 -way power Prices, specifications, and availability are subject to change wilhout notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region, Performance figures are guidelines only, and actual performance may vary, Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input fs subject to the accuracy of the input provided, Data Version; 2494, Data updated Apr 11, 2017 9.17:00 PM PDT Apr 12, 2017 Page 14 202 CHROMEDATA " Interior Safety- Exterior Safety - Mechanical LA County 1166 Suburban Seat adjuster, front passenger 6 -way power Seats, second row 60/40 split - folding bench, manual Seat, third row manual 60/40 split - folding bench, fold flat Console, floor with storage area, cup holders, SD card slot and auxiliary jack Floor covering, color -keyed carpeting Floor mats, color -keyed carpeted first and second row, removable Steering column, Tilt -Wheel Steering wheel, leather- wrapped Steering wheel controls, mounted audio and cruise controls includes Driver Information Center controls Display, driver instrument information enhanced, multi -color Speedometer, miles /kilometers Door locks, power programmable, lock control, side door Remote Keyless Entry, extended -range Remote vehicle start Cruise control, electronic with set and resume speed Theft deterrent, electrical, unauthorized entry Windows, power, all doors Climate control, tri -zone automatic with individual climate settings for driver, right -front passenger and rear passengers Defogger, rear - window electric Power outlet, 110 -volt Power outlets, 5 auxiliary, 12 -volt includes outlets in the instrument panel, console, back of console, 1 in 3rd row and 1 in cargo area Assist handles, 1st row passenger and 2nd row outboard seats Lighting, interior with dome light, driver- and passenger -side door switch with delayed entry feature, cargo lights, door handle or Remote Keyless Entry- activated illuminated entry and map lights in front and second seat positions Daytime Running Lamps, with automatic exterior lamp control StabiliTrak, stability control system with brake assist, includes traction control Prices, specirrcations, and avallab}lily are subject to change without notice, and do not include Certain fees, taxes and charges that may be required by law or vary by manufacturer or region. Performance figures are guldelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer's input is subject to the accuracy of the Input provided. Date Version: 2494, Data updated Apr 11, 2017 9:17:00 PM PDT Apr 12, 2017 Page 15 203 CHROMEDATA` Safety - Interior WARRANTY LA County 1166 Suburban Teen Driver mode a configurable feature that lets you activate customizable vehicle settings associated with a key fob, to encourage safe driving behavior. It can limit certain vehicle features, and it prevents certain safety systems from being turned off. An in- vehicle report gives you information on your teen's driving habits and helps You to continue to coach your new driver Air bags, frontal and side - impact for driver and front passenger driver inboard seat - mounted side - impact and head curtain side - impact for all rows in outboard seating positions (Always use safety belts and child restraints. Children are safer when properly secured In a rear seat in the appropriate child restraint. See the Owner's Manual for more information.) Automatic Occupant Sensing System sensor indicator inflatable restraint, front passenger /child presence detector OnStar Guidance Plan for 6 months, including Automatic Crash Response, Stolen Vehicle Assistance, Roadside Assistance, Turn -by -Turn Navigation, Advanced Diagnostics and more (trial excludes Hands -Free Calling) (Retail orders receive a 3 -month tria), Visit www.onstar.com for coverage map, details and system limitations. Services vary by model. OnStar acts as a link to existing emergency service providers. Not all vehicles may transmit all crash data.) Rear Park Assist with audible warning Rear Vision Camera LATCH system (Lower Anchors and Top tethers for Children), for child safety seats lower anchors and top tethers located in all second row seating positions, top tethers located in third row seating positions Tire Pressure Monitor System air pressure sensors in each tire with pressure display in Driver Information Center (does not apply to spare tire) Warning tones headlamp on, key -in- ignition, driver and right -front passenger safety belt unfasten and turn signal on Basic Years: 3 Basic Miles /km: 36,000 Drivetrain Years: 5 Drivetrain Miles /km: 60,000 Drivetrain Note: Qualified Fleet Purchases: 5 Years /100,000 Miles Corrosion Years (Rust - Through): 6 Corrosion Years: 3 Corrosion Miles /km (Rust - Through): 100,000 Corrosion Miles /km: 36,000 Roadside Assistance Years: 5 Roadside Assistance Miles /km: 60,000 Roadside Assistance Note: Qualified Fleet Purchases: 5 Years /100,000 Miles Maintenance Years: 2 Maintenance Miles /km: 24,000 Maintenance Note: 2 visits Prices, specfricatEo a and sa re gulty are subject to change wllhoul nolica, and do net Include certain real, taxes and charges That may be required by law or vary by manufacturer or region. Performance rrguras are guidalinos only, and actual performance may vary. Photos may net represent actual vctTldes or exact conriyt,rations. Content based m report pr 12, 20's input Is subject to the accuracy of the input provided. Data Versfen: 2494. Data updated Apr 11, 2 ©17 9:17:00 PM PaT Apr 12, 2017 Page 16 204 ORIGINAL REQUEST FOR BID 205 t� f } REQUEST FOR BID SOLICITATION RFB -IS- 17201166 -1 + INTERNAL SERVICES DEPARTMENT BID DUE: } + C�tiFOar+�h 04/13/17 12:00:00 PM Vendor No. RETURN BID TO ADDRESS BELOW INTERNAL SERVICES DEPARTMENT ISD CENTRAL PURCHASING 1100 N EASTERN AVENUE RM 103 BID ROOM 1ST FLOOR LOS ANGELES CA 90063 BUYER Anet Charbakhsh BUYER PHONE : 323 - 267 -2215 DATE ISSUED 03/30/17 REQ. DEPARTMENT IS AGENCY REQ. NO. SUV - A REQ. NO. RQN -FR- 17027711 FISCAL YEAR SCHEDULED BEGIN DATE SCHEDULED END DATE NUMBER OF COMMODITY LINES 2 PROCUREMENT FOLDER 1250218 SUV - AWD (CA #159) - SPECS TO BE COMPLETED BY VENDOR 1. DELIVERY WILL BE MADE IN THIS NUMBER OF DAYS AFTER RECEIPT OF ORDER. 2. CASH DISCOUNT -% DAYS. CASH DISCOUNT OF LESS THAN 30 DAYS OR 25TH PROX. WILL BE CONSIDERED AS NET IN EVALUATING THIS BID. 3. BID BOND ATTACHED: CERTIFIED CHECK ATTACHED: OTHER ATTACHMENTS: 4. BID REFERENCE NUMBER: . (THIS NUMBER WILL APPEAR ON RESULTING ORDER OR CONTRACT). 5. PLEASE REMOVE FROM THIS COMMODITY CODE: 6, FEIN OR SOCIAL SECURITY# REQUIRED: **IMPORTANT** IN ORDER TO RECEIVE AN AWARD, VENDORS ARE REQUIRED TO BE REGISTERED WITH THE COUNTY OF LOS ANGELES. VENDORS MAY REGISTER ONLINE ON THE COUNTY OF LOS ANGELES VENDOR REGISTRATION WEBSITE @ TT •// 1 VR A. /WIBVE USE OF A BRAND NAME AS SPECIFICATION IS NOT INTENDED TO RESTRICT COMPETITION. QUOTE IN ACCORDANCE WITH SPECIFICATION OR ON YOUR ALTERNATE. ALTERNATE OFFERS TO MEET FUNCTIONAL REQUIREMENTS, ADEQUATELY SUPPORTED BY LITERATURE AND YOUR STATEMENT WHEREIN SPECIFICATIONS DIFFER, WILL BE CONSIDERED FOR FUTURE PURCHASE, OR WHENFEASIBLE, FOR THIS PURCHASE. VENDORS ARE REQUIRED TO ENTER THEIR COMPANY NAME IN THE SPACE PROVIDED AT THE TOP OF EACH PAGE ON THIS SOLICITATION. VENDOR PHONE NUMBER: TITLE: DATE SIGNATURE OF BIDDER (MUST BE SIGNED) 206 STANDARD TERMS & CONDITIONS I REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 COMPANY NAME Page BID DUE: 04/13/17 12:00:00 PM 2 1. Responses to Requests for Bids are to be delivered to the County Purchasing Agent by 12:00 noon on the date set forth above, at which time the responses will be publicly opened and, if requested, publicly read. Responses to Requests for Quotations are to be delivered to the County Purchasing Agent by date and time set forth above. There will be no public opening or reading of these responses. (See title of this solicitationin top left -hand corner of this document.) Fax responses will not be accepted unless noted in writing. Anyresponse received after the closing date /time set forth in the solicitation document will be considered late, non - responsive and will be returned to the responder, unless the County Purchasing Agent determines that it is in the best interest of the County to accept it. 2. All bids shall be typewritten or in ink. No erasures permitted. Mistakes shall be crossed out and corrections typed/inked adjacent, dated and initialed. 3. State brand name or make on each item. If quoting other than item specified, include the manufacturer's name, a product description and model number. 4. Bid each item separately. Prices must be stated in units specified hereon. 5. Each bid must be in a separate sealed envelope with both the bid number and closing date plainly visible on the envelope. Bid must be received at the place, time and on the date specified. Bidders are responsible to assure each bid is properly marked and timely delivered. County assumes no financial obligations for preparation and submittal of bid. Submit bids as indicated hereon. Bidder shall be solely responsible for understanding the specifications and requirements. 6. Time of delivery is a part of the consideration and must be stated in definite terms and adhered to. If time varies on different items, bidder shall so state in the column provided opposite the item. Unless otherwise noted, "days for delivery" or "days from receipt of order' mean calendar days. 7. An authorized officer or employee must sign with the Firm's name on all bids. Obligations assumed by such signature must be fulfilled. 8. Unless otherwise definitely specified, prices bid shall not include sales or use taxes. Bidders are required to provide their California Sellers Permit Number or their Sellers Certificate of Registration -Use Tax Number. Failure to provide the required information will prevent the County of Los Angeles from paying Sales/Use Tax to your company. SELLERS PERMIT # CERTIFICATE OF REGISTRATION # If you are uncertain as to whether you have such a number or have have any questions, please contact the State Board of Equalization at WWW.BOE.CA.GOV OR CALL 1.800.400.7115. 9. All charges, e.g., packing and installation, must be included in the bid. No charges will be allowed unless specified in the bid. 10. County reserves the right to waive, at its sole discretion, any formality in the bidding or evaluation in order to expedite the process, accommodate minor error, or respond to unforeseen circumstances, and to reject any or all bids and to reject any items thereon. County may, at its sole discretion, cancel this solicitation at any time prior to award. 11. If required, samples of items shall be furnished at no cost. Samples are not returnable; County will dispose of at its discretion. Unless specifically requested, bidders shall not submit samples. Cost of testing will be as stated herein. 12. Bids are subject to acceptance at any time within 30 calendar days of the closing date stated hereon, unless otherwise specifically stipulated. 13. County shall not return bids for change /correction after receipt. 14. Insurance, surety and performance bonds shall be in the amounts set forth hereon. 15. All factors being equal and to the extent authorized by law, County shall prefer products grown, manufactured or produced in the County of Los Angeles, and then in the State of California. To qualify for such preference, bids must definitely and conspicuously state whether the items are wholly or partially grown, manufactured or produced in the County of Los Angeles or the State of California. 16. Bids must include employer's identification number as assigned by the U.S. Treasury Department. 17. If you do not bid, return this solicitation ( "Request ") and state reason, or if you do not respond or do not submit a bid for (3 consecutive Requests, you may, at County's sole option, be removed from the mailing list. 18. Inspections and examinations or failure to so do is at bidder's sole risk. The specifications set forth herein are controlling and supersede any other information, oral or written, regarding this acquisition. 19. Changes or modifications to specifications or conditions to this Request shall only be made by issuance of a written amendment by County's Purchasing Agent. No other change or modification, regardless of source, shall be binding. Bidders are advised to bid only as set forth in this Request. 20. The purchase, if any, resulting from the Request shall be governed by the County's terms and conditions which are attached hereto. Unless County specifically agrees in writing, any other terms and conditions shall have no force or effect. 21. No County employee whose position in County service enables him/her to influence any award to your offer any competing offer, and no spouse or economic dependent of such employee, shall be employed in any capacity by the bidder herein, or have any other direct or indirect financial interest in any transaction resulting from this Request. 207 STANDARD TERMS & CONDITIONS I REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 COMPANY NAME : Page BID DUE: 04/13/17 12:00:00 PM 22. County reserves the right to designate the transportation carrier when common carriers are used in delivery, or make pick up by County truck if the point of origin is within the County of Los Angeles or an adjacent county. Failure to adhere to shipping terms as specified on the purchase order or written agreement will result in deduction of additional handling costs from the invoice(s). 23. County may, at its sole option, select other than the low price bidder if, as solely determined by County, another bid is a more responsible and responsive offer. 24. County reserves the right to negotiate price, terms and conditions with the selected vendor. 25. This Request is a solicitation only, and is not intended or to be construed as an offer to enter into any contract or other agreement. No acquisition can be made without a purchase order. 26. County reserves the right to conduct a reasonable inquiry to determine the responsibility of a bidder. The unreasonable failure of bidder to promptly supply information in connection with such inquiry, including, but not limited to, information regarding past performance, financial stability and ability to perform on schedule, may, at County's discretion, be grounds for a determination of non - responsibility. 27. Community based enterprises are encouraged to bid. It is the County's policy that on final analysis and award, the Vendor shall be selected without regard to gender, race, creed or color. 28. All bids must include a complete "Request for Local SBE Preference Program Consideration and CBE Firm/Organization Information Form" and "Attestation of Willingness to Consider Gain/Grow Participants Survey" attached hereto. Bids not including completed forms may, at county's option, be returned or the bidder may be required to provide complete forms prior to consideration. 29. Wherever possible, vendors are encouraged to subcontract portions of the work to responsible and qualified community Business Enterprise owned businesses and/or entities. 30. Bidders are reminded to thoroughly review all solicitation documents. 31. Prior to bid award, County reserves the right to request clarification of any bid. 32. The offering of gifts, excluding token gifts of a promotional /advertising nature, or gratuities by bidder or any other agent or representative of bidder is strictly prohibited. 33. Each person by submitting a response to this solicitation certifies that such bidder /proposer and each County lobbyist and County lobbying firm, as defined by Los Angeles Code Section 2.160.010, retained by bidder /proposer is in full compliance with Chapter 2.160 of the Los Angeles County Code. A copy of Chapter2.160 can be reviewed and downloaded from the following website:. 34. Subsequent to the County's evaluation, bids /proposals which were required to be submitted in response to the solicitation process become the exclusive property of the County. All such documents become a matter of public record and shall be regarded as public records. Exceptions will be those elements in the California Government Code section 6250 et. seq. (Public Records Act) and which are marked "trade secret ", "confidential ", or "proprietary". The County shall not in any way be liable or responsible for the disclosure of any such records, including, without limitation, those so marked, if disclosure is required by law, or by an order issued by a court of competent jurisdiction.In the event the County is required to defend an action on a Public Records Act request for any of the aforementioned documents, information, books, records, and/or contents of a proposal marked "trade secret ", "confidential ", or "proprietary" the Vendor agrees to defend and indemnify the County from all costs and expenses, including reasonable attorney's fees, in action or liability arising under the Public Records Act. 35. County's Quality Assurance Plan. The County or its agent will evaluate Contractor's performance under this agreement on not less than an annual basis. Such evaluation will include assessing Contractor's compliance with all contract terms and performance standards. Contractor deficiencies which County determines are severe or continuing and that may place performance of the agreement in jeopardy if not corrected will be reported to the Board of Supervisors. The report will include improvement /corrective action measures taken by the County and Contractor. If improvement does not occur consistent with the corrective action measures, County may terminate this agreement or impose other penalties as specified in this agreement. 36. Bidder shall not and shall not authorize another to, publish or disseminate any commercial advertisements, press releases, feature articles, or other materials using the name of the County without the County's prior written consent. 37. Bidders /Proposers Adherence to County's Child Support Compliance Program Bidders /proposers shall 1) fully comply with all applicable State and Federal reporting requirements relating to employment reporting for its employees; and 2) comply with all lawfully served Wage and Earnings Assignment Orders and Notice of Assignment and continue to maintain compliance during the term of any contract that may be awarded pursuant to this solicitation. Failure to comply may be cause for termination of a contract or initiation of debarment proceedings against the non - compliant Contractor (County Code Chapter 2.202) 38. Time Off for Voting The Contractor shall notify its employees, and shall require each subcontractor to notify and provide to its employees, information regarding the time off for voting law (Elections Code Section 14000). Not less than 10 days before every statewide election, every Contractor and subcontractors shall keep posted conspicuously at the place of work, if practicable, or elsewhere where it can be seen as employees come or go to their place of work, a notice setting forth the provisions of Section 14000. 1: STANDARD TERMS & CONDITIONS I REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 COMPANY NAME : Page BID DUE: 04/13/17 12:00:00 PM I , ALL AWARDS FROM THIS BID WILL BE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS OF PURCHASE: TERMS AND CONDITIONS OF PURCHASE 1. CONDITIONS OF PURCHASE: This order shall be in accordance with these terms and conditions and any attachments hereto. No other conditions or modifications of these terms and conditions will be effective unless specifically agreed to in writing by the County of Los Angeles ( "County") Purchasing Agent. Failure of County to object to provisions contained in any acknowledgment, document or other communications from Vendor shall not be construed as a waiver of these terms and conditions or an acceptance of any such provision. 2. DELIVERY: Delivery shall be as stated herein. When using common carriers, County reserves the right to designate the transportation carrier. Failure on the part of Vendor to adhere to shipping terms specified hereon or contained in a written agreement for this purchase may, at County's discretion, result in additional handling costs being deducted from Vendor's invoice. Cost of inspection on deliveries or offers for delivery which do not meet specifications will be for the account of Vendor. Unless otherwise set forth herein, all items shall be suitably packed and marked. Purchase Order number must be on all shipping documents and containers. 3. INVOICES: Invoices shall include the Purchase Order number, which is located in the upper right hand corner of the Purchase Order. Invoices must state that they cover, as the case may be, complete or partial delivery, and must show units and unit prices. Invoices will not be paid unless and until the requirements have been fully met. When price shown is a delivered price, all transportation and delivery charges must be prepaid in full to destination. Vendors shall distinguish material costs from labor costs on all applicable invoices. Invoices shall reflect sales tax amount for each item where applicable. 4. PRICE /SALES TAX: Unless otherwise specified herein, the prices herein do not include sales or use tax. No charges for transportation, containers, packing, unloading, etc., shall be allowed unless specified herein. 5. PAYMENT TERMS: Unless otherwise specified herein, payment terms are net 30 days from the date County receives a correct and proper invoice. In no event shall County be liable for any late charges, Cash discount periods shall be computed either from the date of delivery and County's acceptance or the date of County's receipt of correct and proper invoices, whichever date is later, prepared in accordance with the terms herein. 6. WARRANTIES: Vendor shall, at no cost to County, promptly correct any and all defects in the items /services provided hereunder. Vendor shall also reimburse County for any costs incurred as a result of defect(s). The term of this warranty shall be as set forth in the Purchase Order, or if no term is shown, ninety (90) days from the date of County's acceptance of the item/service. Vendor warrants that items may be shipped, sold and used in a customary manner without any violation of any law, ordinance, rule or regulation of any government or administrative body. 7. CANCELLATION: Unless otherwise specified herein, County may cancel all or part of this Purchase Order and/or Contract at no cost and for any reason by giving written notice to Vendor at least thirty (30) calendar days prior to scheduled delivery. A cancellation charge not exceeding one percent (1 %) of the value of the cancelled portion of the Purchase Order and/or Contract may be charged County for cancellation with less than thirty (30) days prior written notice. 8. HAZARDOUS MATERIALS: Vendor warrants that it complies with all Federal, State and local laws, rules, ordinances and regulations concerning hazardous materials and toxic substances. 9. COVENANT AGAINST GRATUITIES: Vendor warrants that no gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by Vendor, or any agent or representative of Vendor, to any officer or employee of County with a view toward securing this Purchase Order or favorable treatment with respect to any determination concerning the performance of this Purchase Order. In the event of breach of this warranty, County shall be entitled to pursue the same remedies including, but not limited to, termination, against Vendor as it could pursue in the event of Vendor's default. 10.0 CONFLICT OF INTEREST: 10.1 No County employee whose position with County enables such employee to influence the award of the Purchase Order or any competing agreement,and no spouse or economic dependent of such employee, shall be employed in any capacity by Vendor, or have any other direct or indirect financial interest in this Purchase Order. No officer or employee of Vendor, who may financially benefit from the award of this Purchase Order shall in any way participate in County's approval or ongoing evaluation of this purchase. 10.2 Vendor shall comply with all conflict of interest laws, ordinances and regulations now in effect or hereafter to be enacted during the term of this Purchase Order. Vendor warrants that it is not aware of any facts which create a conflict of interest. If Vendor hereafter becomes aware of any facts which might reasonably be expected to create a conflict of interest, it shall immediately make full written disclosure of such facts to County. Full written disclosure shall include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. 11. GOVERNING LAW AND VENUE: This Purchase Order shall be governed by and construed in accordance with the laws of the State of California. Vendor agrees and consents to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this Purchase Order, and further agrees and consents that venue of any action hereunder shall be exclusively in the County of Los Angeles, California. 12. INDEMNIFICATION: The Contractor shall indemnify, defend and hold harmless the County, its Special Districts, elected and appointed officers, employees, agents and volunteers ( "County Indemnitees ") 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 and/or relating to this Contract, except for such loss or damage arising from the sole negligence or willful misconduct of the County Indemnitees. 209 STANDARD TERMS & CONDITIONS I REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 COMPANY NAME Page BID DUE: 04/13/17 12:00:00 PM I - 13. DEFAULT: The County may, by written notice to the Vendor, terminate the Purchase Order, if, in the judgment of the County: a. Vendor has materially breached the Purchase Order; or b. Vendor fails to timely provide and/or satisfactorily perform any task, deliverable, service, or other work required under the Purchase Order or fails to demonstrate a high probability of timely fulfillment of performance requirements, or of any obligations of the Purchase Order and in either case, fails to demonstrate convincing progress toward a cure within ten (10) working days (or such longer period as the County may authorize in writing) after receipt of written notice from the County specifying such failure. In the event that the County terminates the Purchase Order, the County may procure, upon such terms and in such manner as the County may deem appropriate, goods and services similar to those so terminated. The Vendor shall be liable to the County for any and all excess costs incurred by the County, as determined by the County, for such similar goods and services. The rights and remedies of the County shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Purchase Order. 14. INVALIDITY, REMEDIES NOT EXCLUSIVE: If any provision of this Purchase Order or the application thereof to any person or circumstance is held invalid, the remainder of this Purchase Order and the application of such provision to other persons or circumstances shall not be affected thereby. The rights and remedies provided herein shall not be exclusive and are in addition to any other rights and remedies in law or equity. 15. COMPLIANCE WITH LAWS: The Vendor shall comply with all applicable Federal, State, and local laws, rules, regulations, ordinances, and directives, and all provisions required thereby to be included in this Purchase Order are hereby incorporated herein by reference. The Vendor shall indemnify and hold harmless the County from and against all liability, damages, costs, and expenses, including, but not limited to, defense costs and attorney fees, arising from or related to any violation on the part of the Vendor or its employees, agents, or subcontractors of any such laws, rules, regulations, ordinances, or directives. 16. NONDISCRIMINATION: By acceptance of this Purchase Order, Vendor certifies and agrees that all persons employed by it, its affiliates, subsidiaries, or holding companies are and will be treated equally by it without regard to or because of race, religion, ancestry, national origin, disability or sex and in compliance with all applicable Federal and State anti - discrimination laws and regulations. Vendor further certifies and agrees that it will deal with its subcontractors, bidders or Vendor without regard to or because of race, religion, ancestry, national origin, disability or sex. Vendor shall allow the County access to its employment records during the regular business hours to verify compliance with these provisions when so requested by the County. If the County finds that any of the above provisions have been violated, the same shall constitute a material breach of contract upon which the County may determine to cancel, terminate, or suspend the Purchase Order. The parties agree that in the event the Vendor violates the anti- discrimination provisions of the Purchase Order, the County shall, at its option and in lieu of termination or suspending this Purchase Order, be entitled to liquidated damages, pursuant to California Civil Code Section 1671, of the greater of ten percent (10 %) of the Purchase order amount or One Thousand Dollars ($1,000). 17. FORCE MAJEURE: Neither party will be liable for delays in performance beyond its reasonable control including, but not limited to, fire, flood, act of God or restriction of civil or military authority. 18. NON - EXCLUSIVITY: Nothing herein is intended nor shall be construed as creating any exclusive arrangement with Vendor. This purchase Order shall not restrict the Purchasing Agent from acquiring similar, equal or like goods and/or services from other entities or sources. 19. MOST FAVORED CUSTOMER: Vendor represents that the prices charged County in this Purchase Order do not exceed existing selling prices to other customers for the same or substantially similar items or services for comparable quantities under similar terms and conditions. 20. WAIVER: No waiver by the County of any breach of any provision of this Purchase Order shall constitute a waiver of any other breach or of such provision. Failure of the County to enforce at any time, or from time to time, any provision of this Purchase Order shall not be construed as a waiver thereof. The rights and remedies set forth in this provision shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Purchase Order. 21. ACCEPTANCE: Unless explicitly stated by County as otherwise, County may conduct, at its location or any other County designated location and at its expense, an incoming acceptance test on all items purchased hereunder. The acceptance test period shall not exceed thirty (30) days from receipt of such item by County. County may, at its sole discretion, reject all or any part of items or services not conforming to the requirements /specifications stated in this Purchase Order. 22. SPARE PARTS: Unless otherwise set forth herein, Vendor shall make spare parts available to County for a period of two (2) years from the date of delivery of the items to County. If Vendor is unable to so provide spare parts, it shall provide County with the name(s) of Vendor's suppliers so that County may attempt to procure such parts directly. In the event of such unavailability, Vendor shall provide, at no cost, reasonable assistance to County in obtaining spare parts. 23. ENTIRE AGREEMENT MODIFICATIONS: This Purchase Order and any attachments hereto, constitutes the complete and exclusive statement of the parties which supersedes all previous agreements, written or oral, and all communications between the parties relating to the subject matter hereof. This Purchase Order shall not be modified, supplemented, qualified or interpreted by any prior course of dealing between the parties or by any usage of trade. Only County's Purchasing Agent can make changes or modifications by issuance of an official change notice. 210 STANDARD TERMS & CONDITIONS I REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 COMPANY NAME Page BID DUE: 04/13/17 12:00:00 PM 24. INDEPENDENT CONTRACTOR STATUS: This Purchase Order is by and between the County and the Vendor and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, as between the County and the Vendor. The employees and agents of one party shall not be, or be construed to be, the employees or agents of the other party for any purpose whatsoever. The Vendor shall be solely liable and responsible for providing to, or on behalf of, all persons performing work pursuant to this Purchase Order all compensation and benefits. The County shall have no liability or responsibility for the payment of any salaries, wages, unemployment benefits, Federal, State or Local taxes, or other compensation, benefits, or taxes for any personnel provided by or on behalf of the Vendor. The Vendor understands and agrees that all persons performing work pursuant to this Purchase Order are, for purposes of Workers' Compensation liability, solely employees of the Vendor and not employees of the County. The Vendor shall be solely liable and responsible for furnishing any and all Workers' Compensation benefits to any person as a result of any injuries arising from or connected with any work performed by or on behalf of the Vendor pursuant to this Purchase Order. The Vendor understands and agrees that all persons performing work pursuant to this Purchase Order are, for purposes of Workers' Compensation liability, solely employees of the Vendor and not employees of the County. The Vendor shall be solely liable and responsible for furnishing any and all Workers' Compensation benefits to any person as a result of any injuries arising from or connected with any work performed by or on behalf of the Vendor pursuant to this Purchase Order. 25. COUNTY STOCK: Stock furnished by County to be used in this Purchase Order shall be returned to County free from damage from any cause and in accordance with all other terms and conditions of bid and this Purchase Order. 26. TAX EXEMPT STATUS: Tax exempt items shall be clearly listed and identified. 27. COUNTY LOBBYISTS: The Vendor, and each County Lobbyist or County Lobbying firm as defined in County Code Section 2.160.010 retained by the Vendor, shall fully comply with the County's Lobbyist Ordinance, County Code Chapter 2.160. Failure on the part of Vendor or any County Lobbyist or County Lobbying firm retained by the Vendor to fully comply with the County's Lobbyist Ordinance shall constitute a material breach of this Purchase Order, upon which the County may in its sole discretion, immediately terminate or suspend this Purchase Order. 28. CONSIDERATION OF HIRING GAIN /GROW PROGRAM PARTICIPANTS: Should the Vendor require additional or replacement personnel after the effective date of this Purchase Order, the vendor shall give consideration for such employment openings to participants in the County's Department of Public Social Services Greater Avenues for Independence (GAIN) Program or General Relief Opportunity for Work (GROW) Program who meet the Vendor's minimum qualifications for the open position. For this purpose, consideration shall mean that the Vendor will interview qualified candidates. The County will refer GAIN/GROW participants by job category to the Vendor. In the event that both laid -off County employees and GAIN/GROW participants are available for hiring, County employees shall be given first priority. 29. TERMINATION FOR IMPROPER CONSIDERATION: The County may, by written notice to the Vendor, immediately terminate the right of the Vendor to proceed under this Purchase Order if it is found that consideration, in any form, was offered or given by the Vendor, either directly or through an intermediary, to any County officer, employee, or agent with the intent of securing this Purchase Order or securing favorable treatment with respect to the award, amendment, or extension of this Purchase Order or the making of any determinations with respect to the Vendor's performance pursuant to this Purchase Order. In the event of such termination, the County shall be entitled to pursue the same remedies against the Vendor as it could pursue in the event of default by the Vendor. The Vendor shall immediately report any attempt by a County officer or employee to solicit such improper consideration. The report shall be made either to the County manager charged with the supervision of the employee or to the County Auditor - Controller's Employee Fraud Hotline at (213) 974 -0914 or (800) 544 -6861. Among other items, such improper consideration may take the form of cash, discounts, service, the provision of travel or entertainment, or tangible gifts, or the promise of any of these. 30. SAFELY SURRENDERED BABY LAW: The Contractor shall notify and provide to its employees, and shall, require each subcontractor to notify and provide to its employees, a fact sheet regarding the Safely Surrendered Baby Law, its implementation in Los Angeles County, and where and how to safely surrender a baby. The fact sheet is available on the Internet at www.babysafela.org for printing purposes. 31. CONTRACTOR'S WARRANTY OF ADHERENCE TO COUNTY'S CHILD SUPPORT COMPLIANCE PROGRAM The Contractor acknowledges that the County has established a goal of ensuring that all individuals who benefit financially from the County through Contracts/Purchase Orders are in compliance, with their court- ordered child, family and spousal support obligations in order to mitigate the economic burden otherwise imposed upon the County and its taxpayers. As required by the County's Child Support Compliance Program (County Code Chapter 2.200) and without limiting the Contractor's duty under this Contract/Purchase Order to comply with all applicable provisions of law, the Contractor warrants that it is now in compliance with employment and wage reporting requirements as required by the Federal Social Security Act (42 USC Section 653a) and California Unemployment Insurance Code Section 1088.5, and shall implement all lawfully served Wage and Earnings withholding Orders or Child Support Services Department Notices of Wage and Earnings Assignment for Child, Family or Spousal support, pursuant to Code of Civil Procedure Section 706.031 and Family Code Section 5246(b). TERMINATION FOR BREACH OF WARRANTY TO MAINTAIN COMPLIANCE WITH COUNTY'S CHILD SUPPORT COMPLIANCE PROGRAM Failure of Contractor to maintain compliance with the requirements set forth in the paragraphs under "CONTRACTOR'S WARRANTY OF ADHERENCE TO COUNTY'S CHILD SUPPORT COMPLIANCE PROGRAM" shall constitute default under this Contract/Purchase Order. Without limiting the rights and remedies available to COUNTY under any other provision of this Contract/Purchase Order, failure of 211 STANDARD TERMS & CONDITIONS I REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 COMPANY NAME Page BID DUE: 04/13/17 12:00:00 PM I _ CONTRACTOR to cure such default within ninety (90) calendar days of written notice shall be grounds upon which COUNTY may terminate this Contract/Purchase Order pursuant to "VENDOR'S RESPONSIBILITY AND DEBARMENT" and pursue debarment of CONTRACTOR, pursuant to County Code, Chapter 2.202. 32. PAYROLL RECORDS: Wherever required, the Contractor shall comply with the requirements of Section 1776 of the Labor Code, State of California, including maintaining payroll records as enumerated in Subdivision (a). The Contractor and the Contractor's subcontractors shall be responsible to maintain, and make readily available for inspection purposes, a copy of all certified payroll records for each work project associated with or obtained by the County under this or any future or successive County Agreement, Contract or Purchase Order. All certified payroll records shall indicate that the wage rates are not less than those determined by the State Division, of Industrial Relations, and that the classifications set forth for each laborer or mechanic conform with the work that he /she performed. The Contractor shall be responsible for the submission of copies of payrolls for all subcontractors, upon request by the County, arising from and/or relating to any Agreement formulated as a result of this inquiry. Certified Payroll shall be submitted upon request and shall include: A. Original Document B. Company Name & Address C. Account Number/Project Number D. Project Name and Address E. Authorizing County Department and Purchase Order or Contract Number F. Period of Time in Which Work is Being Performed G. Employee Name, Address and Social Security Number H. Work Classification, Including Sub - classification I. Hours Paid J. Rate of pay K. Deductions L. Payroll Check Number M. Benefits N. Signature of Employee Authorized to Certify Payroll Prevailing Wage Scale Wherever required: A. The Contractor shall comply with all provisions of the Labor Code of the State of California. B. Under the provisions of said Labor Code, the State Department of Industrial Relations will ascertain the prevailing hourly rate in dollars and details pertinent thereto for each craft, classification or type of workers or mechanic needed to execute any Contract that may be awarded by the County. C. Particulars of the current Prevailing Wage Scale, which are applicable to the work contemplated under these specifications, are to be maintained in the Department, and must be posted at the project site by the Contractor or his /her subcontractor. D. Current prevailing wage rates may be obtained at: www.dir.ca.gov/DLSR/PWD/Apprentice.htm Division of Labor Standards Enforcement 455 Golden Gate Avenue, 9th Floor San Francisco, CA 94102 (415) 703 -4810 Records Retention and Audit, Federal or State Funded Purchases The Vendor shall maintain in good and legible condition all books, documents, papers, and records related to its performance under this Purchase Order or Agreement. Such records shall be complete and available to Los Angeles County, the State of California and officials of the Federal Government or its duly authorized representatives, during the term of the Contract and for a period of at least three years following the County's final payment under the Purchase Order or Agreement, unless other matters, such as an audit or litigation, are not closed. All Purchase Order or Agreement - related books, documents, papers, and records related to the Vendor's performance under the Purchase Order or Agreement must be retained in a manner described above until all such other matters are closed, regardless of the duration. FEDERAL EARNED INCOME CREDIT The Contractor shall notify its employees, and shall require each subcontractor to notify its employees, that they may be eligible for the Federal Earned Income Credit under the federal income tax laws. Such notice shall be provided in accordance with the requirements set forth in Internal Revenue Service Notice No. 1015. RECYCLED BOND PAPER Consistent with the Board of Supervisors' policy to reduce the amount of solid waste deposited at the County landfills, the Contractor agrees to use recycled- content paper (min 30% post- consumer waste) to the maximum extent possible on this Solicitation Response. PARTICIPATING MUNICIPALITIES At County's sole discretion and option, County may inform other public agencies that they may acquire items listed in this agreement or purchase order. Such acquisition(s) shall be at the prices stated herein, and shall be subject to Vendor's acceptance. In no event shall County be considered a dealer, remarketer, agent or other representative of Vendor. 212 STANDARD TERMS & CONDITIONS I REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 COMPANY NAME : I Page BID DUE: 04/13/17 12:00:00 PM Public entity purchase orders complete with terms and conditions shall be submitted by the public entity. Vendor authorizes County's use of Vendor's name, trademarks and Vendor provided materials in County's presentation and promotions regarding the availability of use for this agreement. County will not be liable or responsible for any obligations, including but not limited to payment for any item ordered by public entities. County makes no representation or guarantee as to any minimum to be purchased by County or public entities. Do you agree to the aforementioned? Yes No Priority Clause (Disastrous Events): Unless legally prohibited, Vendor shall provide priority to the County of Los Angeles for the purchase and delivery of all agreement items during disastrous events, including but not limited to earthquakes, floods, fires and acts of terrorism to ensure the County has sufficient resources needed to sustain its business functions. Signature (Authorized Representative): Print: Title: Date: VENDOR'S RESPONSIBILITY AND DEBARMENT A responsible Vendor is a Vendor who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform the requirements of the Purchase Order. It is the County's policy to conduct business only with responsible vendors. The Vendor is hereby notified that, in accordance with Chapter 2.202 of the County Code, if the County acquires information concerning the performance of the Vendor on this or other Purchase Orders which indicates that the Vendor is not responsible, the County may, in addition to other remedies provided in the Purchase Order, debar the Vendor from bidding on any County Contracts /Purchase Orders for a specified period of time not to exceed five (5) years, and terminate any or all existing Contracts /Purchase Orders the Vendor may have with the County, The County may debar a Vendor if the Board of Supervisors finds, in its discretion, that the Vendor has done any of the following: (1) violated any term of Contract /Purchase order with the County, (2) committed any act or omission which negatively reflects on the Vendor's quality, fitness or capacity to perform a Contract/Purchase Order with the County or any other public entity, or engaged in a pattern or practice which negatively reflects on same, (3) committed an act or offense which indicates a lack of business integrity or business honesty, or (4) made or submitted a false claim against the County or any other public entity. If there is evidence that the Vendor may be subject to debarment, the Purchasing Agent will notify the Vendor in writing of the evidence that is the basis for the proposed debarment and will advise the Vendor of the scheduled date for debarment hearing before the Contractor Hearing Board. The Contractor Hearing Board will conduct a hearing where evidence on the proposed debarment is presented. The Vendor and/or the Vendor's representative shall be given an opportunity to submit evidence at that hearing. After the hearing, the Contractor Hearing Board shall prepare a proposed decision, which shall contain a recommendation regarding whether the Vendor should be debarred, and, if so, the appropriate length of time of debarment. If the vendor fails to avail itself of the opportunity to submit evidence to the Contractor Hearing Board, the Vendor may be deemed to have waived all rights of appeal. A record of the hearing, the proposed decision and any other recommendation of the Contractor Hearing Board shall be presented to the Board of Supervisors. The Board of Supervisors shall have the right to modify, deny, or adopt the proposed decision and recommendation of the Contractor Hearing Board. These terms shall also apply to the subcontractors of County Contractor /Vendor. COUNTY'S PREFERENCE PROGRAMS The County of Los Angeles has three preference programs - Local Small Business Enterprise (LSBE), Disabled Veterans Business Enterprise (DVBE), and Social Enterprise (SE). The Board of Supervisors encourages business participation in the County's contracting process by constantly streamlining and simplifying our selection process and expanding opportunities for these businesses to compete for County opportunities. The Preference Programs (LSBE, DVBE, and SE) require the business to complete a certification process. The business must be certified by the Department of Consumer and Business Affairs as meeting the requirements of each program prior to requesting the Preference in a solicitation. To apply for certification as a LSBE, DVBE or SE, contact the Department of Consumer and Business Affairs at 213 STANDARD TERMS & CONDITIONS I REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 COMPANY NAME : Page BID DUE: 04/13/17 12:00:00 PM In no case shall the Preference Program (LSBE, DVBE, and SE) price or scoring preference be combined with any other county preference program to exceed fifteen percent (15 %) in response to any County solicitation. The maximum dollar amount of the preference shall not exceed $150,000 per any one preference recipient. Sanctions and financial penalties may apply to a business that knowingly, and with intent to defraud, seeks to obtain or maintain certification as a certified LSBE, DVBE, or SE. Local Small Business Enterprise (Local SBE) Preference Program The County will give LSBE preference during the solicitation process to businesses that meet the definition of an LSBE, consistent with Chapter 2.204.030C.I or 2.204.030C.2 of the Los Angeles County Code. The LSBE shall provide goods or services that contribute to the fulfillment of the contract requirements by performing a commercially useful function. A Local SBE is deemed to perform a commercially useful function if the business does all of the following: 1) is responsible for the execution of a distinct element of the work of the contract; 2) carries out its obligation by actually performing, managing, or supervising the work involved; 3) performs work that is normal for its business services and functions; 4) is responsible with respect to products, inventories, materials, supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing if applicable, and making payment; 5) is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices. A contractor, subcontractor, or supplier will not be considered to perform a commercially useful function in the contractor's, subcontractor's, or supplier's role is limited to that of an extra participant in a transition, contract, or project through which funds are passed in order to obtain the appearance of a Local SBE. For County solicitations which are not subject to the federal restriction on geographical preferences: An LSBE is defined as: 1) A business which is certified by the State of California as a small business and has had its principal place of business located in Los Angeles County for at least one year; or 2) a business certified as a small business enterprise with other certifying agencies pursuant to the Department of Consumer and Business Affair's (DCBA) inclusion policy that: a) has its principal place of business located in Los Angeles County, and b) has revenues and employee sizes that meet the State's Department of General Services requirements Information about the State's small business enterprise certification regulations is in the California Code of Regulations, Title 2, Subchapter 8, Section 1896 et seq., and is also available on the California Department of General Services Office of Small Business Certification and Resources Web site at For County solicitations which are subject to the federal restriction on geographical preferences: An LSBE is defined as: A business which meets the employee size and revenue requirements of the Federal Small Business Administration and maintains an active registration as a small business in the Federal System for Award Management (SAM) data base. Information on the SAM database is available at h1Ws:1/www.sam.R Veteran Business Enterprise (DVBE) Preference Program The County will give DVBE preference during the solicitation process to businesses that meet the definition of a DVBE, consistent with Chapter 2.211 of the Los Angeles County Code. A DVBE vendor is defined as: 1) A business which is certified by the State of California as a DVBE; or 2) A business which is verified as a Service - Disabled Veteran -Owned Small Business (SDVOSB) by the Veterans Administration; or 3) A business certified as a DVBE /SDVOSB with other certifying agencies pursuant to the Department of Consumer and Business Affairs' (DCBA) inclusion policy that meets the criteria set forth by the agencies in 1 and 2 above. Information about the State's DVBE certification regulations is found in the California Code of Regulations, Title 2, Subchapter 8, Section 1896 et seq., and is also available on the California Department of General Services Office of Disabled Veteran Business Certification and Resources Website at http Information on the Department of Veteran Affairs SDVOSB certification regulations is found in the Code of Federal Regulations, 38CFR 74 and is also available on the Department of Veterans Affairs Website at: httn: / /www,vetbirgov/ Social Enterprise (SE) Preference Program The County will give SE preference during the solicitation process to businesses that meet the definition of an SE, consistent with Chapter 2.205 of the Los Angeles County Code. An SE is defined as: A business that qualifies as a Social Enterprise and has been in operation for at least one year (1) providing transitional or permanent employment to a Transitional Workforce or providing social, environmental and/or human justice services. Further information on Social Enterprises also available on the DCBA's website at: http: / /deba locounty,gQv 214 STANDARD TERMS & CONDITIONS I REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 COMPANY NAME Page BID DUE: 04/13/17 12:00:00 PM 10 �jiJ ��y�l�[iuti of 51 al tLoI►Lll�illil�y i 7�1 tnfl r [l1►1 INSTRUCTIONS : Businesses requesting preference consideration must complete and return this form for proper consideration of the proposal/bid. Businesses may request consideration for one or more preference programs. I MEET ALL OF THE REQUIREMENTS AND REQUEST THIS PROPOSAL /BID BE CONSIDERED FOR THE PREFERENCE PROGRAM SELECTED BELOW. A COPY OF THE CERTIFICATION LETTER ISSUED BY THE DEPARTMENT OF CONSUMER AND BUSINESS AFFAIRS (DCBA) IS ATTACHED ❑ Request for Local Small Business Enterprise (LSBE) Program Preference for County Solicitations which are not subject to Federal Restrictions ❑ A business certified by the State of California as a small business and has had its principal place of business located in Los Angeles County for at least one (1) year; or A business qualifying under DCBA's inclusion policy that has its principal place of business located in Los Angeles County and has revenues and employee sizes that meet the State's Department of General Services requirements; and ❑ Certified as a LSBE by the DCBA. Request for Local Small Business Enterprise (LSBE) Program Preference for County Solicitations which are subject to the Federal Funding Restrictions* *To determine whether this solicitation is federally funded, please refer to the SPECIAL TERMS AND CONDITIONS in this solicitation document. QA business which meets the employee size and revenue requirements of the federal Small Business Administration and maintains an active registration as a small business in the federal System for Award Management (SAM) data base; and F] Certified as a LSBE by the DCBA. Request for Disabled Veterans Business Enterprise (DVBE) Program Preference F] A business which is certified by the State of California as a DVBE, or RA business which is certified by U.S. Department of Veterans Affairs as a SDVOSB; or ElA business qualifying under DCBA's inclusion policy that meets the criteria set forth by: the State of California as a DVBE or is verified as a service - disabled veteran -owned small business by the Veterans Administration; and Certified as a DVBE by the DCBA. F1 Request for Social Enterprise Program Preference A business that has been in operation for at least one year providing transitional or permanent employment to a Transitional Workforce or providing social, environmental and/or human justice services; and F] Certified as a Social Enterprise business by the DCBA. BUSINESS UNDERSTANDS THAT IN NO INSTANCE SHALL THE ABOVE LISTED PREFERENCE PROGRAMS PRICE OR SCORING PREFERENCE BE COMBINED WITH ANY OTHER COUNTY PROGRAM TO EXCEED FIFTEEN PERCENT (15 %) IN RESPONSE TO ANY COUNTY SOLICITATION. DECLARATION: I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE ABOVE INFORMATION IS TRUE AND ACCURATE. Name of Firm: County Webven No: Print Name: Title: Signature: Date: 215 STANDARD TERMS & CONDITIONS I REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 COMPANY NAME P age P BID DUE: 04/13/17 12:00:00 M a CERTIFICATION AS MINORITY, WOMEN, DISADVANTAGED, AND DISABLED VETERAN BUSINESS ENTERPRISES: If your firm is currently certified as a minority, women, disadvantaged or disabled veteran owned business enterprise by a public agency, complete the following and attach a copy of your proof ofcertification. (Use back of form, if necessary). Agency name Minority Women Dis- Advantaged Disabled Veteran Expiration Date CERTIFICATION AS MINORITY, WOMEN, DISADVANTAGED, AND DISABLED VETERAN BUSINESS ENTERPRISES: If your firm is currently certified as a minority, women, disadvantaged or disabled veteran owned business enterprise by a public agency, complete the following and attach a copy of your proof ofcertification. (Use back of form, if necessary). Print Authorized Name Authorized Signature Title Date 216 STANDARD TERMS & CONDITIONS REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 COMPANY NAME P BID DUE: 04/13/17 12:00:00 PM Page COUNTY OF LOS ANGELES BIDDER'S ATTESTATION OF WILLINGNESS TO CONSIDER GAIN /GROW PARTICIPANTS As a threshold requirement for consideration for an award, bidder shall demonstrate a proven record of hiring participants in the County's Department of Public Social Services Greater Avenues for Independence (GAIN) Program or General Relief Opportunity for Work (GROW) Program or shall attest to a willingness to consider GAIN /GROW participants for future employment openings if they meet the minimum qualifications for that opening. Additionally, bidders shall attest to a willingness to provide employed GAIN/GROW participants access to the bidder's employee mentoring program, if available, to assist these individuals in obtaining permanent employment and/or promotional opportunities. To report all job openings with job requirements to obtain qualified GAIN/GROW participants as potential employment candidates, awarded bidder shall email: GAINGRQW @duss.laeounty.gov Bidders who are unable to meet this requirement shall not be considered for an award. Bidder shall complete all of the following information, sign where indicated below, and return this form with any resumes and/or fixed price bid being submitted: A. Bidder has a proven record of hiring GAIN /GROW participants. YES NO B. Bidder is willing to provide DPSS with all job openings and job requirements to consider GAIN /GROW participants for any future employment openings if the GAIN/GROW participant meets the minimum qualifications for the opening. "Consider" means that bidder is willing to interview qualified GAIN /GROW participants. YES NO C. Bidder is willing to provide employed GAIN /GROW participants access to its employee - mentoring program, if available. YES NO N/A (Program not available) Bidder Organization: Signature: Print Name: Title: Date: Tel. #: Fax #: 217 STANDARD TERMS & CONDITIONS I REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 COMPANY NAME Page BID DUE: 04/13/17 12:00:00 PM 13 PROHIBITION AGAINST USE OF CHILD LABOR I hereby certify that, if awarded a Purchase Order or Agreement, bidder shall: 1. Not knowingly sell or supply to COUNTY any products, goods, supplies or other personal property produced or manufactured in violation of child labor standards set by the International Labor Organizations through its 1973 Convention Concerning Minimum Age for Employment. 2. Upon request by COUNTY, identify the country/countries of origin of any products, goods, supplies or other personal property bidder sells or supplies to COUNTY, and 3. Upon request by COUNTY, provide to COUNTY the manufacturer's certification of compliance with all international child labor conventions. I understand and agree that, if awarded a Purchase Order or Agreement and COUNTY discovers that any products, goods, supplies or other personal property sold or supplied by bidder to COUNTY are produced in violation of any international child labor conventions, bidder shall immediately provide an alternative, compliant sourceof supply. I further understand and agree that failure to comply with the foregoing provisions will be grounds for immediate cancellation of the Purchase Order or termination of the Agreement and award to an alternative bidder. VENDOR SIGNATURE DATE 218 STANDARD TERMS & CONDITIONS I REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 COMPANY NAME Page BID DUE: 04/13/17 12:00:00 PM 14 PROHIBITION AGAINST USE OF CHILD LABOR For equipment purchase(s) under this solicitation, Vendor shall be responsible to provide the County with a means to Lockout/Tag -out any machinery or electrical equipment sold to the County in accordance with OSHA regulation, CCR Title 8, Section 3314. Any Lockout method must utilize a positive means such as 1) a lock, either key or combination type, 2) a hasp or other means of attachment to which, or through which, a lock can be affixed or it has a locking mechanism built into it, in order to hold an energy- isolating device in a safe (locked) position and prevent the energizing, transmission or release of electrical, mechanical, hydraulic, pneumatic, chemical, thermal or other energy from a machine or equipment. Such machinery and equipment includes, but is not limited to: a manually operated electrical switch breaker; a disconnected switch; a manually operated switch by which conductors of a circuit can be disconnected from all underground supply conductors and a line valve. In addition, this would include installing pieces of equipment used in maintenance and service activities, such as pipelines, vessels and/or pressurized tanks to service air, gas, water, steam and/or petrochemical distribution systems. Data Destruction Contractor(s) and Vendor(s) that have maintained, processed, or stored the County of Los Angeles' ( "County") data and/or information, implied or expressed, have the sole responsibility to certify that the data and information have been appropriately destroyed consistent with the National Institute of Standards and Technology (KIST) Special Publication SP 800 -88 titled Guidelines for Media Sanitization. The data and/or information may be stored on purchased, leased, or rented electronic storage equipment (e.g., printers, hard drives) and electronic devices (e.g., servers, workstations) that are geographically located within the County, or external to the County's boundaries. The County must receive within ten (10) business days, a signed document from Contractor(s) and Vendor(s) that certifies and validates the data and information were placed in one or more of the following stored states: unusable, unreadable, and indecipherable. Vendor shall certify that any County data stored on purchased, leased, or rented electronic storage equipment and electronic devices, including, but not limited to printers, hard drives, servers, and/or workstations are destroyed consistent with the current National Institute of Standard and Technology (KIST) Special Publication SP- 800 -88, Guidelines for Media Sanitization. Vendor shall provide County with written certification, within ten (10) business days of removal of any electronic storage equipment and devices, that validates that any and all County data was destroyed and is unusable, unreadable, and/or undecipherable. 219 STANDARD TERMS & CONDITIONS I REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 COMPANY NAME BID DUE: 04/13/17 12:00:00 PM Page 15 JURY SERVICE PROGRAM The prospective contract is subject to the requirements of the County's Contractor Employee Jury Service Ordinance ( "Jury Service Program ") (Los Angeles County Code, Chapter 2.203). Prospective Contractors should carefully read the Jury Service Program which is incorporated by reference into and made a part of this RFP. The Jury Service Program applies to both Contractors and their subcontractors. Proposals that fail to comply with the requirements of the Jury Service Program will be considered non - responsive and excluded from further consideration. The Jury Service Program requires Contractors and their subcontractors to have and adhere to a written policy that provides that its employees shall receive from the Contractor, on an annual basis, no less than five days of regular pay for actual jury service. This policy may provide that employees deposit any fees received for such jury service with the Contractor or that the Contractor deduct from the employee's regular pay the fees received for jury service. For purposes of the Jury Service program, "employee" means any California resident who is a full -time employee of a Contractor and "full time" means 40 hours or more worked per week, or a lesser number of hours if; 1. the lessor number is a recognized industry standard as determined by the County, or 2. the Contractor has a long- standing practice that defines the lesser number of hours as full time. Therefore, the Jury Service Program applies to all of a Contractor's full -time California employees, even those not working specifically on the County project. There are two ways in which a Contractor might not be subject to the Jury Service Program. The first is if the Contractor does not fall within the Jury Service Program's definition of "Contractor ". The Program defines "contractor" to mean a person, partnership, corporation or other entity which has a contract with the County or a subcontract with a County Contractor and has received or will receive an aggregate sum of $50,000 or more in any 12 -month period under one or more County contracts or subcontracts. The second is if the Contractor meets one of the two exceptions to the Jury Service Program. The first exception concerns small businesses and applies to Contractors that have 1) ten or fewer employees; and 2) annual gross revenues in the preceding twelve months which, if added to the annual amount of this contract is less than $500,000; and 3) is not an "affiliate or subsidiary of a business dominant in its field of operation ". The second exception applies to Contractors that possess a collective bargaining agreement that expressly supersedes the provisions of the Jury Service Program. The Contractor is subject to any provision of the Jury Service Program not expressly superseded by the collective bargaining agreement. If a Contractor does not fall within the Jury Service Program's definition of "Contractor" or if it meets any of the exceptions to the Jury Service Program, then the Contractor must so indicate in the Certification Form and Application for Exception and include with its submission all necessary documentation to support the claim such as tax returns or a collective bargaining agreement, if applicable. Upon reviewing the Contractor's application, the County will determine, in its sole discretion, whether the Contractor falls within the definition of Contractor or meets any of the exceptions to the Jury Service Program. The County's decision will be final. 220 STANDARD TERMS & CONDITIONS I REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 COMPANY NAME BID DUE: 04/13/17 12:00:00 PM Page 16 COUNTY OF LOS ANGELES CONTRACTOR EMPLOYEE JURY SERVICE PROGRAM APPLICATION FOR EXCEPTION AND CERTIFICATION FORM The County's solicitation for this Contract/Purchase Order (Request for Proposal or Invitation to Bid) is subject to the County of Los Angeles Contractor Employee Jury Service Program (Program)(Los Angeles County Code, Chapter 2.203). All bidders or proposers whether a contractor or a subcontractor, must complete this form to either 1) request an exception from the Program requirements or 2) certify compliance. Upon review of the submitted form, the County's Department will determine, in its sole discretion, whether the bidder or proposer is excepted from the program. Company Name: Company Address: City: State: Zip: Telephone Number: Solicitation for (Type of Goods or Services): If you believe the Jury Service Program does not apply to your business, check the appropriate box in part I (attach documentation to support your claim); or, complete Part II to certify compliance with the Program. Whether you complete Part I or Part II, please sign and date this form below. Part I: Jury Service Program is Not Applicable to My Business F-1 My Business does not meet the definition of "Contractor ", as defined in the Program as it has not received an aggregate sum of $50,000 or more in any 12 -month period under one or more County contracts or subcontracts (this exception is not available if the contract/purchase order itself will exceed $50,000 in any 12 month period). I understand that the exception will be lost and I must comply with the Program if my revenues from the County exceed an aggregate sum of $50,000 in any 12 -month period. F-1 My business is a small business as defined in the Program. It 1) has ten or fewer employees; and 2) has annual gross revenues in the preceding twelve months which, if added to the annual amount of this contract, are $500,000 or less; and 3) is not an affiliate or subsidiary of a business dominant in its field of operation, as defined below. I understand that the exemption will be lost and I must comply with the Program if the number of employees in my business and my gross annual revenues exceed the above limits. "Dominant in its field of operation" means having more than ten employees, including full -time and part-time employees, and annual gross revenues in the preceding twelve months, which, if added to the annual amount of the Contract awarded, exceed $500,000. "Affiliate or subsidiary of a business dominant in its field of operation" means a business which is at least 20 percent owned by a business dominant in its field of operations, or by partners, officers, directors, majority stockholders, or their equivalent, of a business dominant in that field of operation. LlMy business is subject to a Collective Bargaining Agreement (attach agreement) that expressly provides that it supersedes all provisions of the Program. ,m 221 STANDARD TERMS & CONDITIONS REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 COMPANY NAME Page BID DUE: 04/13/17 12:00:00 PM 17 Part II: Certification of Compliance ❑My Business has and adheres to a written policy that provides, on an annual basis, no less that five days of regular pay for actual jury service for full -time employees of the business who are also California residents, or my company will have and adhere to such a policy prior to award of the contract. I declare under penalty of perjury under the laws of the State of California that the information stated above is true and correct. Print Name: Signature: Title: Date: 222 STANDARD TERMS & CONDITIONS I REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 COMPANY NAME Page BID DUE: 04/13/17 12:00:00 PM 18 PRICES SPECIFIC CONTRACTS AND PURCHASE ORDERS Vendors are entitled to receive payment for goods received by, or services provided to the County specific to the Contract or Purchase Order price amount. Under no circumstances will those Suppliers, Contractors or Vendors who supply goods or otherwise contract services with the County of Los Angeles be entitled to or paid for expenditures beyond the Contract or Purchase Order amounts. ASSIGNMENTS BY CONTRACTOR A. Contractor shall not assign its rights or delegate its duties under the Agreement, or both whether in whole or in part, without the prior written consent of County, in its discretion, and any attempted assignment or delegation without such consent shall be null and void. For purposes of this paragraph, County consent shall require a written amendment to the Agreement, which is formally approved and executed by the parties. Any payments by County to any approved delegate or assignee on any claim under the Agreement shall be deductible, at County's sole discretion, against the claims which Contractor may have against County. B. Shareholders, partners, members, or other equity holders of Contractor may transfer, sell exchange, assign, or divest themselves of any interest they may have therein. However, in the event any such sale, transfer, exchange, assignment, or divestment is effected in such a way as to give majority control of Contractor to any person(s), corporation, partnership, or legal entity other than the majority controlling interest therein at the time of execution of the Agreement, such disposition is an assignment requiring the prior written consent of County in accordance with applicable provisions of this Agreement. C. Any assumption, assignment, delegation, or takeover of any of the Contractor's duties, responsibilities, obligations, or performance of same by any entity other than the Contractor, whether through assignment, subcontract, delegation, merger, buyout, or any other mechanism, with or without consideration for any reason whatsoever without County's express prior written approval, shall be a material breach of the Agreement which may result in the termination of the Agreement. In the event of such termination, County shall be entitled to pursue the same remedies against Contractor as it could pursue in the event of default by Contractor. SAFELY SURRENDERED BABY LAW The Contractor shall notify and provide to its employees, and shall require each subcontractor to notify and provide to its employees, a fact sheet regarding the Safely Surrendered Baby Law, its implementation in Los Angeles County, and where and how to safely surrender a baby. The fact sheet is available on the Internet at www.babysafela.org for printing purposes. CONTRACTOR'S ATTESTATION THAT IT NOR ANY OF ITS STAFF MEMBERS IS RESTRICTED, EXCLUDED OR SUSPENDED FROM PROVIDING GOODS OR SERVICES UNDER ANY FEDERAL OR STATE HEALTH CARE PROGRAM Contractor hereby warrants that neither it nor any of its staff members is restricted, excluded, or suspended from providing goods or services under any health care program funded by the Federal or State Government, directly or indirectly, in whole or in part, and the Contractor will notify the Buyer within thirty (30) calendar days in writing of: 1) any event that would require Contractor or a staff member's mandatory exclusion or suspension from participation in a Federal or State funded health care program; and 2) any exclusionary action taken by any agency of the Federal or State Government against Contractor or one or more staff members barring it or the staff members from participation in a Federal or State funded health care program, whether such bar is direct or indirect, or whether such bar is in whole or in part. Contractor shall indemnify and hold County harmless against any and all loss or damage Contractor may suffer arising from any Federal or State exclusion or suspension of Contractor or its staff members from such participation in a Federal or State funded health care program. Failure by Contractor to meet the requirements of this paragraph shall constitute a material breach of contract upon which County may immediately terminate or suspend this Agreement. Is Contractor/Proposer or any of its staff members currently barred from participation in any Federal or State funded health care program? NO, Contractor or any of its staff members is not currently barred from participation in any Federal or State funded health care program. F-1 YES, Contractor or any of its staff members is currently barred from participation in any Federal or State funded health care program. Describe the particulars in detail below Printed Name of Vendor or Contractor Printed Name of Responsible Manager Signature Date 223 STANDARD TERMS & CONDITIONS REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 COMPANY NAME Page BID DUE: 04/13/17 12:00:00 PM 19 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION AND ACKNOWLEDGEMENT OF SOLICITATION RESTRICTIONS A. By submission of this Proposal, Proposer certifies that the prices quoted herein have been arrived at independently without consultation, communication, or agreement with any other Proposer or competitor for the purpose of restricting competition. B. List all names and telephone number of person legally authorized to commit the Proposer. Name Phone Number Note: Persons signing on behalf of the Contractor /Vendor will be required to warrant that they are authorized to bind the Contractor/ Vendor. C. List names of all joint ventures, partners, subcontractors, or others having any right or interest in this contract or the proceeds thereof. If not applicable, state "NONE ". D. Proposer acknowledges that it has not participated as a consultant in the development, preparation, or selection process associated with this solicitation. Proposer understands that if it is determined by the County that the Proposer did participate as a consultant in this solicitation process, the County shall reject this proposal. Name of Firm Print Name of Signer Signature Title _ .. ........................ .___.......... _.. Date 224 REQUEST FOR BID STANDARD TERMS & CONDITIONS SO NO : RFB -IS- 17201166 -1 COMPANY NAME Page BID DUE: 04/13/17 12:00:00 PM 2a REQUIRED FORMS - EXHIBIT PROPOSER'S ORGANIZATION QUESTIONNAIRE /AFFIDAVIT Page 1 of 2 Please complete, date and sign this form and place it as the first page of your proposal. The person signing the form must be authorized to sign on behalf of the Proposer and to bind the applicant in a Contract. 1. If your firm is a corporation, state its legal name (as found in your Articles ofIncorporation) and State of Incorporation. NAME STATE YEAR INC. 2. If your firm is a partnership or a sole proprietorship, state the name of the proprietor or managing partner. 3. If your firm is doing business under one or more DBA's, please list all DBA's and the County(s) of registration. Name County of Registration Year became DBA 4. Is your firm wholly or majority owned by, or a subsidiary of, another firm? If yes, Name of parent firm: State of incorporation or registration of parent firm: 5. Please list any other names your firm has done business as within the last five (5) years: Name Year of Name Change 6. Indicate if your firm is involved in any pending acquisition/merger, including the associated company name. If not applicable, so indicate below: 225 STANDARD TERMS & CONDITIONS REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 COMPANY NAME P BID DUE: 04/13/17 12:00:00 PM Page Page 2 of 2 Proposer acknowledges and certifies that it meets and will comply with all of the Minimum Mandatory Requirements listed - Minimum Mandatory Requirements of this Request for Proposal, as listed below. List each minimum requirement Check the appropriate box below: YES F1 NO F-1 YES F-1 NO YES E NO F-1 YES 1-1 NO YES 1-1 NO years experience, within the last years Willingness to consider hiring GAIN /GROW participant Complies with the County's Child Support Compliance Certifies intent to comply with County's Jury Service Program Declares intent to comply with County's Living Wage Program Proposer further acknowledges that if any false, misleading, incomplete, or deceptively unresponsive statements in connection with this proposal are made, the proposal may be rejected. The evaluation and determination in this area shall be at the Director's sole judgement and his /her judgment shall be final. Proposer's Name: Address: E -mail: Fax Number: Telephone Number: On belaf Of ( Proposer's name), I (Name of Proposer's authorized representative), certify that the information contain in this Proposer's Organization Questionnaire /Affidavit is true and correct to the best of my information and belief. Signature Title Date Internal Revenue Service Employer Identification Number California Business License Number County Vendor Number 226 STANDARD TERMS & CONDITIONS REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 COMPANY NAME Page BID DUE: 04/13/17 12:00:00 PM ag OFF -PEAK (HOURS) - DELIVERY OF COMMODITIES It is the policy of the Los Angeles County Board of Supervisors that County departments promote off -peak deliveries and pickup of all commodities by County Vendors between the hours of 9:00 a.m. and 3:30 p.m., Monday through Friday, during regularly scheduled County business days. The purpose of this policy is to reduce vehicle trips and vehicle emissions during the morning and afternoon commute periods. For purposes of the Board Policy, the trip shall be deemed to be compliant if the actual time of delivery provides for arrival at the County facility or location on or after 9:00 a.m. and the delivery or pickup is initiated at the County facility or location on or before 3:30 p.m. Noncompliance with this policy may result in cancellation of a Purchase Order or termination of contract and/or agreement between the County and the awarded Vendor. Unless otherwise instructed by authorized County department personnel, vendors shall be required to confer with County departments to schedule, as appropriate, regularly planned trips to County facilities for deliveries and/or pickup of commodities within the designated off -peak periods. County departments co- located at facilities that are serviced by the same Vendor shall make every effort to coordinate off -peak deliveries and pickups between the Vendor and other County departments at the facility. Emergency, special orders, and other non - conforming deliveries and pickups specifically requested by County departments shall not constitute a violation of the Board Policy. In addition, circumstances documented by the Vendor to the satisfaction of the affected County department that are outside of the control of the Vendor that preclude adherence to the Board Policy shall not constitute a violation of the Board Policy. If circumstances related to department operations preclude regularly scheduled deliveries between the hours of 9:00 a.m. and 3:30 p.m., Monday through Friday, the department shall nofify the Vendor of any exception(s) allowable under the Board Policy. If such circumstances are permanent in nature, the department shall notify the Chief Administrative Office and ISD of their intent to exclude the affected contract(s) and/orcommodities from the provisions of the Board Policy. County departments doing business with non - commodity or service - related vendors that schedule regular trips to County facilities shall, to the extent feasible and appropriate, encourage such vendors to schedule such trips to their facilities between the hours of 9:00 a.m. and 3:30 p.m., Monday through Friday, during regularly schedule business days. By signature below, vendor acknowledges receipt and understanding of this Board Policy, and agrees to adhere to above requirements regarding Off - Peak Delivery of Commodities. Vendor's Company Address City State & Zip Code Printed Name Signature Date PROTEST POLICY FOR GOODS AND SERVICES SOLICITED BY THE COUNTY PURCHASING AGENT f iLmenl. AFithority The County Purchasing Agent maintains the exclusive authority and responsibility to purchase and rent all materials, supplies and equipment, furnishings, fixtures and all other personal property for use by departments, districts or agencies of Los Angeles County who are governed by the Los Angeles County Board of Supervisors. 227 STANDARD TERMS & CONDITIONS REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 COMPANY NAME BID DUE: 04/13/17 12:00:00 PM Page 23 Acquisition of supplies and equipment are made by the Purchasing Agent pursuant to: Goverment Code 25501, et seq.; Codified Ordinance of County of Los Angeles, Title 2, Chapter 2.81; and Section 24 of the County Charter. With limited exceptions, solicitations conducted under the statutory authority of the Purchasing Agent are price -based with the resultant award being made to the lowest, responsible bidder that fully meets and complies with all of the specifications and requirements of the solicitation. The Purchasing Agent or his /her designee shall be responsible for the review and disposition of any protest of a bid solicitation conducted under the statutory authority of the County Purchasing Agent. Review of Solicitation Requirements and Spegificptions A Vendor may seek a review of the solicitation requirements and/or specifications by written request to the Buyer conducting the solicitation provided that the written request is received no later than five (5) days prior to the closing date of the solicitation or as otherwise specified within the solicitation. This request must itemize, in sufficient detail, each matter contested and one or more factual reason(s) for the requested review (e.g., specifications were too narrow and limited competition with supporting details, etc.). The Purchsing Agent will provide a written response to the requesting Vendor(s). Bid Protests In accordance with County Purchasing Policy M -1100, Bid/Vendor Protest, participant vendors may request a review of any bid specifications at the time of the bid posting and/or before the closing date. Additionally, participant vendors may protest any award within three (3) business days after the "Notice of Intent to Award" is posted on the County's bid website. These protest procedures are as follows: Upon a determination of vendor selection from a bid process, the Purchasing Agent will post a "Notice of Intent to Award" on the County's bid website, and notify all solicitation participants of the intended award via email. 1, Non - selected vendors will have three (3) business days, from the date the notice is posted, to file a formal bid protest with the Purchasing and Contracts Analyst (Buyer) that conducted the solicitation. 2. The bid protest, which must be received by the Buyer within the three (3) day period, shall be in writing, and include the specific facts, circumstances, reasons and/or basis for the protest. This written notice may be in the form of a letter, fax or email. 3. Bid protests must be filed prior to the award of contract or purchase order. Upon execution of the contract or purchase order to the selected vendor, the Purchase Agent will not take action on a bid protest; however, a written response will be provided to the protesting vendor. 4. If a vendor bid protest is appropriately filed (i.e., prior to the award), the Purchasing Agent may delay the award of contract or purchase order until the matter is resolved. There are, however, situations where the delay of an award may not be in the best interest of the County due to emergency and/or time critical acquisitions such as at the end of the County's fiscal year. In these instances, the County has no obligation to delay orotherwise postpone an award of a purchase order or contract based on a vendor protest. 5. In all cases, the County Purchasing Agent reserves the right to make an award when it is determined to be in the best interest of the County of Los Angeles to do so. 6. The Purchasing Agent will respond to all bid protests in a timely manner. 7. The Purchasing Agent may refer a protest of a technical nature to the requisitioning County department for further clarification, and will prepare a letter to the protesting vendor, advising them of the pending action(s), and when a formal response can be expected. 228 STANDARD TERMS & CONDITIONS REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 -F BID DUE: 04/13/17 12:00:00 PM COMPANY NAME : Page 24 DEFAULTED PROPERTY TAX REDUCTION PROGRAM The prospective contract is subject to the requirements of the County's Defaulted Property Tax Reduction Program ( "Defaulted Tax Program "). Prospective Bidder /Proposer /Contractor should carefully read the Defaulted Tax Program Ordinance which may be found in Los Angeles County Code, Title 2. Administration, Chapter 2.206 at httl,,llor_dl rPk,caml_C4tci_Gsf lact�tintyli ndtx.hlm which is incorporated by reference into and made a part of this solicitation. The Defaulted Tax Program applies to both Contractors and their subcontractors. Each Bidder /Proposer /Contractor shall be required to certify that it is in full compliance with the provisions of the Defaulted Tax Program and shall maintain compliance during the term of any contract that may be awarded pursuant to this solicitation or shall certify that it is exempt from the Defaulted Tax Program. Failure to maintain compliance, or to timely cure defects, may be cause for termination of a contract or initiation of debarment proceedings against the non - compliant contractor (Los Angeles County Code, Chapter 2.202). Bids/Proposals that fail to comply with the certification requirements of the Defaulted Tax Program will be considered non - responsive and excluded from further consideration. The Proposer/Bidder/Contractor certifies that: It is familiar with the terms of the County of Los Angeles Defaulted Property Tax Reduction Program, Los Angeles County Code Chapter 2.206; To the best of its knowledge, after a reasonable inquiry, the Proposer /Bidder /Contractor is not in default, as that term is defined in Los Angeles County Code Section 2.206.020,E, on any Los Angeles County property tax obligation; and The Proposer /Bidder /Contractor agrees to comply with the County's Defaulted Property Tax Reduction Program during the term of any awarded contract. -OR - El I am exempt from the County of Los Angeles Defaulted Property Tax Reduction Program, pursuant to Los Angeles County Code Section 2.206.060, for the following reason: I declare under penalty of perjury under the laws of the State of California that the information stated above is true and correct. COMPANY NAME: PRINT NAME: TITLE: SIGNATURE: DATE: 229 STANDARD TERMS & CONDITIONS REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 Page COMPANY NAME : —7 25 BID DUE: 04/13/17 12:00:00 PM Pag ag SUBCONTRACTING The County of Los Angeles provides Small Business Enterprises an equal opportunity to compete for County Awards for commodities and services. Bidders shall assist the County in providing these opportunities to Small Business Enterprises by making good efforts to reach out to Small Business Enterprises to compete in County Awards. BID SUBMITTAL Bidders shall submit with their bid, the SBE Subcontractor Information Form @ l ittlr://[ ioingbusiness. lacounty. grv/ SBESubcontractorInformationForm .PDF. Bidder shall complete this form in its entirety. Bidder shall list itself, the names and addresses of all firms to be used with a complete description of work supplies to be completed, provided by each subcontractor and the estimated dollar value. REPORTING The Final Report of Subcontracting Form @ bttg']/doinebusincss.lappunly.gov/EinAiRep2rLQf,3tibcontractineFomi.PDE a summary report of subcontractors work/supplies, shall be submitted at the completion of the award. Upon Completion of a Purchase Order, Vendor shall submit the Final Report of Subcontracting and Purchases Form within fifteen (15) working days. If the award is a one year or more agreement, the Final Report of Subcontracting and Purchases Form shall be submitted on a quarterly basis. The form shall be certified correct and accurate by signature of the bidder or its authorized representative. The Final Report of Subcontracting and Purchases Form shall be submitted to the Office of Small Business at: Debbie Cabreira- Johnson Office of Small Business 1100 N Eastern Ave 1 st Floor Los Angeles, CA 90063 DCabreira @isd.lacounty.gov ELECTRONIC CATALOG If required by County, the awarded vendor will submit a catalog of its entire product offering in an electronic format. The submitted electronic catalog shall be in the format prescribed in the ELECTRONIC CATALOG Clause which may be found at the website indicated below. Such submission shall be within the time frame to be determined by the County in its sole discretion. litty : /IdoinabtlSiiics5.lacotint .&Qy/tCrins ^and condltion5.htm If required by county, I agree to submit an electronic catalog of my entire product offering in the prescribed format within the required time frame. Name of Company Name of Authorized Vendor Representative Signature of Authorized Representative Date 230 STANDARD TERMS & CONDITIONS I REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 COMPANY NAME Page BID DUE: 04/13/17 12:00:00 PM 26 Proposer's Acknowledgement of County's Commitment to Zero Tolerance Human Trafficking On October 4, 2016, the Los Angeles County Board of Supervisors approved a motion taking significant steps to protect victims of human trafficking by establishing a zero tolerance human trafficking policy. The policy prohibits contractors /vendors engaged in human trafficking from receiving contract awards or performing services under a County Contract/Purchase Order. Contractors /Vendors are required to complete the Zero Tolerance Human Trafficking Policy Certification, certifying that they are in full compliance with the County's Zero Tolerance Human Trafficking provision as defined below. Further, contractors are required to comply with the requirements under said provision for the term of any contract/purchase order awarded pursuant to this solicitation. Compliance with County's Zero Tolerance on Human Trafficking Policy Contractor /Vendor acknowledges that the County has established a Zero Tolerance Human Trafficking Policy prohibiting contractors from engaging in human trafficking. If a Contractor /Vendor or member of Contractor's /Vendor's staff is convicted of a human trafficking offense, the County shall require that the Contractor /Vendor or member of Contractor's /Vendor's staff be removed immediately from performing services under the Contract/Purchase Order. County will not be under any obligation to disclose confidential information regarding the offenses other than those required by law. Disqualification of any member of Contractor's /Vendor's staff pursuant to this paragraph shall not relieve Contractor /Vendor of its obligation to complete all work in accordance with the terms and conditions of this Contract /Purchase Order. ZERO TOLERANCE HUMAN TRAFFICKING POLICY CERTIFICATION Company Name: Company Address: City: State: Zip Code: Telephone Number: Email Address: Solicitation # PROPOSER CERTIFICATION Los Angeles County has taken significant steps to protect victims of human trafficking by establishing a zero tolerance human trafficking policy that prohibits contractors found to have engaged in human trafficking from receiving contract awards or performing services under a County contract. Proposer/Bidder acknowledges and certifies compliance the County's Zero Tolerance Human Trafficking Policy of the proposed Contract/Purchase Order and agrees that proposer/bidder or a member of his staff performing work under the proposed Contract/Purchase Order will be in compliance. Proposer/Bidder further acknowledges that noncompliance with the County's Zero Tolerance Human Trafficking Policy may result in rejection of any proposal, or cancellation of any resultant Contract/Purchase Order, at the sole judgment of the County. I declare under penalty of perjury under the laws of the State of California that the information herein is true and correct and that I am authorized to represent this company. Print Name: Title: Signature Date: 231 SPECIAL TERMS & CONDITIONS REQUEST FOR BID l SO NO : RFB -IS- 17201166 -1 COMPANY NAME BID DUE: 04/13/17 12:00:00 PM Page 27 "LICENSING INFORMATION" EACH BIDDER MUST POSSESS A CURRENT CA AUTO /COMMERCIAL VEHICLE DEALER'S LICENSE' (INCLUDING AUTO BROKER'S ENDORSEMENT TO DEALER'S LICENSE, IF APPLICABLE) OR CURRENT CA AUTO BROKER'S LICENSE AND SHALL SUBMIT SUCH DOCUMENTATION WITH ITS BID. IN ADDITION, EACH BID SUBMITTED BY AN AUTO BROKER SHALL INCLUDE THE DEALER INFORMATION FROM WHICH THE VEHICLE WILL BE PURCHASED, ALONG WITH A LETTER FROM THE DEALER (ON THE DEALER'S LETTERHEAD) CONFIRMING THAT IT WILL FULFILL ANY AWARD ISSUED TO THE AUTO BROKER IN ITS ENTIRETY AND WILL BE RESPONSIBLE FOR MEETING ALL OF THE APPLICABLE SOLICITATION REQUIREMENTS AND SPECIFICATIONS, INCLUDING BUT NOT LIMITED TO THE DELIVERY OF THE VEHICLE(S) TO, AND ACCEPTANCE THEREBY, THE REQUESTING DEPARTMENT (State of California Vehicle Code Section 11700). "ADDITIONAL REQUIREMENTS" - LIQUIDATED DAMAGES MAY BE ACCESSED FOR DELIVERIES MADE OUTSIDE OF THE PROPOSED DELIVERY TIMEFRAMES. - VENDOR AGREES THAT ANY MANUFACTURER REBATES AND /OR INCENTIVES APPLICABLE AT THE TIME AN ORDER IS PLACED WILL BE EXTENDED TO THE COUNTY. - TIRE TAX FEE OF $1.75 PER TIRE (FOR EACH VEHICLE PURCHASED) WILL BE APPLIED TO THE PURCHASE ORDER. "DELIVERY" THE COUNTY OF LOS ANGELES RESERVES THE RIGHT TO REJECT ANY /ALL BIDS FROM A VENDOR THAT HAS FAILED TO FULFILL EXISTING PURCHASE ORDERS WITHIN THE STATED DELIVERY TIME FRAME. BIDS WILL BE REVIEWED ON A CASE -BY -CASE BASIS AND FINAL AWARD WILL BE MADE BASED ON THE DEPARTMENT'S NEEDS AND IN THE BEST INTEREST OF THE COUNTY. CASH DISCOUNT PERIODS SHALL BE COMPUTED EITHER FROM THE DATE OF DELIVERY AND COUNTY'S ACCEPTANCE OF THE VEHICLE, WHICH MAY TAKE UP TO 2 WEEKS, OR THE DATE OF COUNTY'S RECEIPT OF CORRECT AND PROPER INVOICES, WHICHEVER DATE IS LATER. NOTE: UNLESS OTHERWISE QUALIFIED, INSTRUCTIONS AND CONDITIONS (LAST PAGE OF INVITATION FOR BID) IS CHANGED TO READ: QUOTATIONS ARE SUBJECT TO ACCEPTANCE AT ANY TIME WITHIN NINETY (90) CALENDAR DAYS AFTER OPENING. QUOTE PRICES EXCLUSIVE OF FEDERAL EXCISE TAX. IF TAX IS NOT APPLICABLE, SO STATE IN YOUR BID. QUOTE F.O.B. DELIVERED. FREIGHT PREPAID AND ALLOWED VENDOR: PAYS FREIGHT COST, OWN TITLE IN TRANSIT, FILE CLAIM(S) COUNTY: TAKES OWNERSHIP AT DESTINATION EQUIPMENT OFFERED MUST BE NEW, UNUSED, CURRENT MODELS. SPECIFICATIONS OF EQUIPMENT DESCRIBED HAVE BEEN DEEMED ADEQUATE TO SATISFY THE PERFORMANCE REQUIREMENTS OF THE REQUISITIONING DEPARTMENT. THE COUNTY OF LOS ANGELES RESERVES THE RIGHT TO MAKE AN AWARD ON EQUIPMENT WHICH MEETS FUNCTIONAL NEEDS AND IS SUITABLE FOR THE SERVICE REQUIRED. BIDDERS SHALL RETURN SPECIFICATION SHEET FULLY COMPLETED STATING ANY EXCEPTION TO SPECIFICATION IN LETTER FORM. FAILURE TO COMPLY WITH INSTRUCTIONS MAY BE CONSIDERED SUFFICIENT REASON FOR REJECTION OF YOUR OFFER. BIDDER MUST COMPLETE RIGHT HAND COLUMN OF ANY ATTACHED SPECIFICATION SHEET WHEN TAKING EXCEPTION TO A SPECIFIC ITEM. INDICATE SUCH EXCEPTION IN THE SPACE PROVIDED. IF QUOTING AS SPECIFIED ON AN ITEM, INDICATE IN THE SPACE'AS SPECIFIED'. THE COUNTY OF LOS ANGELES RESERVES THE RIGHT TO REJECT ALTERNATE 232 SPECIAL TERMS & CONDITIONS I REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 COMPANY NAME BID DUE: 04/13/17 12:00:00 PM Page 2s OFFERS WHEN THE POTENTIAL SAVINGS WILL NOT OFFSET THE COST TO TEST. DETERMINATION OF 'COST TO TEST' WILL BE AT THE SOLE DISCRETION OF THE COUNTY OF LOS ANGELES. ONE AWARD WILL BE MADE BASED ON THE LOWEST TOTAL ACCEPTABLE OFFER. PRE - PRINTED TERMS AND CONDITIONS/BIDDERS CONTRACT DOCUMENTS BIDDERS PRE - PRINTED TERMS AND CONDITIONS OR RESTRICTIONS COMMONLY APPEARING ON THE REVERSE SIDE OF LETTERS SUBMITTED WITH THE BID AND /OR BIDDERS SPECIFICATIONS MATERIAL AND CONTRACT DOCUMENTS WILL BE DISREGARDED IN THE ABSENCE OF A POSITIVE WRITTEN STATEMENT FROM BIDDER THAT ALL OR A PARTICULAR PORTION OF SUCH WRITINGS ARE IN ADDITION TO OR SUPERSEDE THE COUNTY TERMS AND CONDITIONS. RETURN OF GOODS RECEIVED: IN BIDDING, YOU AGREE TO ACCEPT FOR CREDIT ANY MERCHANDISE RETURNED IN GOOD CONDITION WITHIN FIVE DAYS AFTER RECEIPT OF GOODS WITHOUT ANY HANDLING CHARGES; HOWEVER, NO RETURN SHALL BE MADE OF ANY MATERIAL WHICH HAS BEEN PUT INTO OPERATION OTHER THAN FOR TEST. WHEN PRODUCTS DELIVERED FAIL TO MEET SPECIFICATION, COST OF INSPECTION SHALL BE FOR ACCOUNT OF VENDOR. THE COUNTY OF LOS ANGELES RESERVES THE RIGHT TO CANCEL ANY AGREEMENT FORMULATED FROM THIS INQUIRY IF DELIVERY OR SERVICES PROVE UNSATISFACTORY (DEFAULT) AND MAY PROCURE THE ARTICLES OR SERVICES FROM OTHER SOURCES AND MAY DEDUCT FROM UNPAID BALANCE DUE THE VENDOR AND /OR MAY COLLECT AGAINST THE BOND OR SURETY FOR EXCESS COSTS SO PAID. THE PRICES PAID BY THE COUNTY OF LOS ANGELES SHALL BE CONSIDERED THE PREVAILING MARKET PRICE AT THE TIME SUCH PURCHASE IS MADE. THE COUNTY OF LOS ANGELES SHALL BE SOLE JUDGE AS TO SATISFACTORY PERFORMANCE. STATE HERE THE MANUFACTURER'S WARRANTY COVERING PRECEDING EQUIPMENT: ON PARTS...... ............................... ONLABOR ... ............................... EACH EQUIPMENT ITEM AND RELATED WARRANTY SERVICE WILL BE AWARDED ON A LOT TOTAL BASIS. INSURANCE COVERAGE REQUIREMENTS; GENERAL LIABILILTY: INSURANCE (WRITTEN ON ISO POLICY FORM CG 00 01 OR ITS EQUIVALENT) WITH LIMITS OF NOT LESS THAN THE FOLLOWING: GENERAL AGGREGATE: $2 MILLION PRODUCTS /COMPLETED OPERATIONS AGGREGATE: $1 MILLION PERSONAL AND ADVERTISING INJURY: $1 MILLION EACH OCCURENCE: $1 MILLION AUTOMOBILE LIABILITY: INSURANCE (WRITTEN ON ISO POLICY FORM CA 00 01 OR ITS EQUIVALENT) WITH A LIMIT OF LIBILITY OF NOT LESS THAN $1 MILLION FOR EACH ACCIDENT. SUCH INSURANCE SHALL INCLUDE COVERAGE FOR ALL'OWNED 'HIRED' AND NON - OWNED' VEHICLES, OR COVERAGE FOR'ANY AUTO'. WORKERS COMPENSATION AND EMPLOYERS' LIABILLITY: INSURANCE PROVIDING WORKERS COMPENSATION BENEFITS, AS REQUIRED BY THE LABOR CODE OF THE STATE OF CALIFORNIA OR BY ANY OTHER STATE, AND FOR WHICH CONTRACTOR IS RESPONSIBLE. IF CONTRACTOR'S EMPLOYEES WILL BE ENGAGED IN MARITIME EMPLOYMENT, COVERAGE SHALL PROVIDE WORKERS COMPENSATION BENEFITS AS REQUIRED BY THE U.S. LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT, JONES ACT OR ANY OTHER 233 SPECIAL TERMS & CONDITIONS I REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 COMPANY NAME I Page BID DUE: 04/13/17 12:00:00 PM 29 FEDERAL LAW FOR WHICH CONTRACTOR IS RESPONSIBLE. IN ALL CASES, THE ABOVE INSURANCE ALSO SHALL INCLUDE EMPLOYERS' LIABILITY COVERAGE WITH LIMITS OF NOT LESS THAN THE FOLLOWING: EACH ACCIDENT: $1 MILLION DISEASE - POLICY LIMIT: $1 MILLION DISEASE -EACH EMPLOYEE: $1 MILLION INDEMNIFICATION AND INSURANCE REQUIREMENTS GENERAL INSURANCE REQUIREMENTS: WITHOUT LIMITING CONTRACTOR'S INDEMNIFICATION OF COUNTY AND DURING THE TERM OF ANY AGREEMENT FORMULATED FROM THIS INQUIRY, CONTRACTOR SHALL PROVIDE AND MAINTAIN, AND SHALL REQUIRE ALL OF ITS SUB - CONTRACTORS TO MAINTAIN, THE FOLLOWING PROGRAMS OF INSURANCE SPECIFIED IN ANY AGREEMENT FORMULATED FROM THIS INQUIRY. SUCH INSURANCE SHALL BE PRIMARY TO AND NOT CONTRIBUTING WITH ANY OTHER INSURANCE OF SELF - INSURANCE PROGRAMS MAINTAINED BY COUNTY, AND SUCH COVERAGE SHALL BE PROVIDED AND MAINTAINED AT CONTRACTOR'S OWN EXPENSE. EVIDENCE OF INSURANCE: CERTIFICATE(S) OR OTHER EVIDENCE OF COVERAGE SATISFACTORY TO COUNTY SHALL BE DELIVERED TO PURCHASING AGENT DESIGNEE PRIOR TO COMMENCING SERVICES UNDER ANY AGREEMENT FORMULATED AS A RESULT OF THIS INQUIRY. CERTIFICATE(S) OR OTHER EVIDENCE OF COVERAGE SHALL BE DELIVERED TO: ATTN: And Charbakhsh SOLICITATION # SUBJECT RFB NUMBER COUNTY OF LOS ANGELES - ISD 1100 NORTH EASTERN AVENUE RM #G115 LOS ANGELES, CA 90063 SUCH CERTIFICATES OR OTHER EVIDENCE SHALL: (1) SPECIFICALLY IDENTIFY SUBSEQUENT AGREEMENT. (2) CLEARLY EVIDENCE ALL COVERAGES REQUIRED IN SUBSEQUENT AGREEMENT. (3) CONTAIN THE EXPRESS CONDITION THAT COUNTY IS TO BE GIVEN WRITTEN NOTICE BY MAIL AT LEAST THIRTY (30) DAYS IN ADVANCE OF CANCELLATION FOR ALL POLICIES EVIDENCED ON THE CERTIFICATE OF INSURANCE. (4) INCLUDE COPIES OF THE ADDITIONAL INSURED ENDORSEMENT TO THE COMMERCIAL GENERAL LIABILITY POLICY, ADDING THE COUNTY OF LOS ANGELES ITS SPECIAL DISTRICTS, ITS OFFICIALS, OFFICERS AND EMPLOYEES AS INSUREDS FOR ALL ACTIVITIES ARISING FROM SUBSEQUENT AGREEMENT. (5) IDENTIFY ANY DEDUCTIBLES OR SELF- INSURED RETENTIONS FOR COUNTY'S APPROVAL. THE COUNTY RETAINS THE RIGHT TO REQUIRE CONTRACTOR TO REDUCE OR ELIMINATE SUCH DEDUCTIBLES OR SELF - INSURED RETENTIONS AS THEY APPLY TO COUNTY, OR, REQUIRE CONTRCTOR TO PROVIDE A BOND GUARANTEEING PAYMENT OF ALL SUCH RETAINED LOSSES AND RELATED COSTS, INCLUDING, BUT NOT LIMITED TO, EXPENSES OR FEES, OR BOTH, RELATED TO INVESTIGATIONS, CLAIMS ADMINISTRATIONS, AND LEGAL DEFENSE. SUCH BOND SHALL BE EXECUTED BY A CORPORATE SURETY LICENSED TO TRANSACT BUSINESS IN THE STATE OF CALIFORNIA. INSURER FINANCIAL RATINGS: INSURANCE IS TO BE PROVIDED BY AN INSURANCE COMPANY ACCEPTABLE TO THE COUNTY WITH AN A.M. BEST RATING OF NOT LESS THAN A:VII, UNLESS OTHERWISE APPROVED BY COUNTY. FAILURE TO MAINTAIN COVERAGE: FAILURE BY CONTRACTOR TO MAINTAIN THE REQUIRED INSURANCE, OR TO PROVIDE EVIDENCE OF INSURANCE COVERAGE ACCEPTABLE TO COUNTY, SHALL CONSTITUTE A MATERIAL BREACH OF THE CONTRACT UPON WHICH COUNTY MAY IMMEDIATELY TERMINATE OR SUSPEND SUBSEQUENT AGREEMENT. COUNTY, AT ITS SOLE OPTION, MAY OBTAIN DAMAGES FROM CONTRACTOR RESULTING FROM SAID BREACH. ALTERNATIVELY, COUNTY MAY PURCHASE SUCH REQUIRED INSURANCE COVERAGE, AND WITHOUT FURTHER NOTICE TO CONTRACTOR, COUNTY MAY DEDUCT FROM SUMS DUE TO CONTRACTOR 234 SPECIAL TERMS & CONDITIONS REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 COMPANY NAME I Page 1 30 BID DUE: 04/13/17 12:00:00 PM ag ANY PREMIUM COSTS ADVANCED BY COUNTY FOR SUCH INSURANCE. NOTIFICATION OF INCIDENTS, CLAIMS OR SUITS: CONTRACTOR SHALL REPORT TO COUNTY: (1) ANY ACCIDENT OR INCIDENT RELATING TO SERVICES PERFORMED UNDER SUBSEQUENT AGREEMENT WHICH INVOLVES INJURY OR PROPERTY DAMAGE WHICH MAY RESULT IN THE FILING OF A CLAIM OR LAWSUIT AGAINST CONTRACTOR AND /OR COUNTY. SUCH REPORT SHALL BE MADE IN WRITING WITHIN 24 HOURS OF OCCURRENCE. (2) ANY THIRD PARTY CLAIM OR LAWSUIT FILED AGAINST CONTRACTOR ARISING FROM OR RELATED TO SERVICES PERFORMED BY CONTRACTOR UNDER SUBSEQUENT AGREEMENT. (3) ANY INJURY TO A CONTRACTOR EMPLOYEE WHICH OCCURS ON COUNTY PROPERTY. THIS REPORT SHALL BE SUBMITTED ON A COUNTY "NON- EMPLOYEE INJURY REPORT" TO THE COUNTY CONTRACT MANAGER. (4) ANY LOSS, DISAPPEARANCE, DESTRUCTION, MISUSE, OR THEFT OF ANY KIND WHATSOEVER OF COUNTY PROPERTY, MONIES OR SECURITIES ENTRUSTED TO CONTRACTOR UNDER THE TERMS OF SUBSEQUENT AGREEMENT. COMPENSATION FOR COUNTY COSTS: IN THE EVENT THAT CONTRACTOR FAILS TO COMPLY WITH ANY OF THE INDEMNIFICATION OR INSURANCE REQUIREMENTS OF SUBSEQUENT AGREEMENT, AND SUCH FAILURE TO COMPLY RESULTS IN ANY COSTS TO COUNTY, CONTRACTOR SHALL PAY FULL COMPENSATION FOR ALL COSTS INCURRED BY COUNTY. INSURANCE COVERAGE REQUIREMENTS FOR SUB - CONTRACTORS: CONTRACTOR SHALL ENSURE ANY AND ALL SUB - CONTRACTORS PERFORMING SERVICES UNDER SUBSEQUENT AGREEMENT MEET THE INSURANCE REQUREMENTS OF SUBSEQUENT AGREEMENT BY EITHER: (1) CONTRACTOR PROVIDING EVIDENCE OF INSURANCE COVERING THE ACTIVITIES OF SUB - CONTRACTOR, OR (2) CONTRACTOR PROVIDING EVIDENCE SUBMITTED BY SUB - CONTRACTORS EVIDENCING THAT SUB - CONTRCTORS MAINTAIN THE REQUIRED INSURANCE COVERAGE. COUNTY RETAINS THE RIGHT TO OBTRAIN COPIES OF EVIDENCE OF SUB - CONTRACTOR INSURANCE COVERAGE AT ANY TIME. CONTRACTOR'S FAILURE TO MAINTAIN OR TO PROVIDE ACCEPTABLE EVIDENCE THAT IT MAINTAINS THE REQUIRED INSURANCE SHALL CONSTITUTE A MATERIAL BREACH OF THE CONTRACT, UPON WHICH COUNTY IMMEDIATELY MAY WITHHOLD PAYMENTS DUE TO CONTRACTOR, AND /OR SUSPEND OR TERMINATE THIS CONTRACT. COUNTY, AT ITS SOLE DISCRETION, MAY OBTAIN DAMAGES FROM CONTRACTOR RESULTING FROM SAID BREACH. ALTERNATIVELY, THE COUNTY MAY PURCHASE THE REQUIRED INSURANCE, AND WITHOUT FURTHER NOTICE TO CONTRACTOR, DEDUCT THE PREMIUM COST FROM SUMS DUE TO CONTRACTOR OR PURSUE CONTRACTOR FOR REIMBURSEMENT. REQUIREMENTS FOR ONLINE RESPONSES: FOR THIS SOLICITATION VENDORS CAN RESPOND ONLINE AT: https:Hlacovss.lacounty.gov FOR THIS SOLICITATION, VENDORS MUST ATTACH A COPY OF THEIR RESPONSES TO THE COUNTY SOLICITATION STANDARD TERMS AND CONDITIONS, SPECIAL TERMS AND CONDITIONS, SPECIFICATIONS AND ANY OTHER REQUIRED ATTACHMENTS WHEN RESPONDING ONLINE, FOR ASSISTANCE RESPONDING ONLINE PLEASE CONTACT THE COUNTY ISD PROCUREMENT HELP DESK AT 323 - 267 -2729. VEHICLE PAYMENT UPON DELIVERY OF VEHICLES, VENDOR MUST SUPPLY ONE (1) COPY OF THE ORIGINAL PURCHASE ORDER ALONG WITH ONE (1) COPY OF THE COMPLETED SPECIFICATIONS WITH EACH VEHICLE. ALSO, VENDOR MUST SEND THE ORIGINAL COPY OF THE VEHICLE INVOICE TO THE BILLING ADDRESS LISTED ON THE PURCHASE ORDER. IF THESE INSTRUCTIONS ARE NOT COMPLETED AS REQUIRED, VENDOR PAYMENT(S) MAY BE DELAYED. 235 SPECIAL TERMS & CONDITIONS I REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 COMPANY NAME BID DUE: 04/13/17 12:00:00 PM Page 31 ALL CHARGES, E.G., TRANSPORTATION, PACKING, INSTALLATION, MUST BE INCLUDED IN THE BID. NO CHARGES WILL BE ALLOWED UNLESS SPECIFIED IN THE BID. DEFAULT: IN THE EVENT VENDOR FAILS TO PERFORM HEREUNDER AND DOES NOT CURE SUCH FAILURE WITHIN FIFTEEN (15) CALENDAR DAYS OF THE DATE COUNTY'S NOTICE WAS SENT TO VENDOR, COUNTY MAY, AT ITS SOLE DISCRETION, CANCEL OR TERMINATE THIS PURCHASE ORDER. SUCH CANCELLATION OR TERMINATION SHALL BE AT NO COST TO COUNTY. SHOULD COUNTY SO CANCEL OR TERMINATE, COUNTY MAY AT ITS SOLE DISCRETION, PROCURE THE ITEMS OR SERVICES FROM OTHER SOURCES AND VENDOR SHALL BE LIABLE TO COUNTY FOR ANY AND ALL EXCESS COSTS, DETERMINED BY COUNTY, FOR SUCH ITEMS OR SERVICES. TERMINATION FOR CONVENIENCE: ANY AGREEMENT MAY BE TERMINATED, WHEN SUCH ACTION IS DEEMED BY COUNTY TO BE IN ITS BEST INTEREST. TERMINATION SHALL BE EFFECTED BY DELIVERY TO VENDOR OF A NOTICE OF TERMINATION SPECIFYING THE EXTENT TO WHICH PERFORMANCE OF AGREEMENT IS TERMINATED AND THE DATE UPON WHICH SUCH TERMINATION BECOMES EFFECTIVE, WHICH SHALL BE NO LESS THAN TEN (10) DAYS AFTER THE NOTICE IS SENT. AFTER RECEIPT OF A NOTICE OF TERMINATION, VENDOR SHALL SUBMIT ITS TERMINATION CLAIM AND INVOICE TO COUNTY, IN THE FORM AND WITH ANY CERTIFICATIONS AS MAY BE PRESCRIBED BY COUNTY. SUCH CLAIM AND INVOICE SHALL BE SUBMITTED PROMPTLY, BUT NOT LATER THAN THREE MONTHS FROM THE EFFECTIVE DATE OF TERMINATION. UPON FAILURE OF VENDOR TO SUBMIT ITS TERMINATION CLAIM AND INVOICE WITHIN THE TIME ALLOWED, COUNTY MAY DETERMINE ON THE BASIS OF INFORMATION AVAILABLE TO COUNTY, THE AMOUNT, IF ANY, DUE TO VENDOR IN RESPECT TO THE TERMINATION, AND SUCH DETERMINATION SHALL BE FINAL. WHEN SUCH DETERMINATION IS MADE, COUNTY SHALL PAY VENDOR THE AMOUNT SO DETERMINED. VENDOR SHALL HONOR PURCHASE ORDERS ACCEPTED ON OR BEFORE THE EFFECTIVE DATE OF TERMINATION. TERMINATION FOR FAILURE TO OPERATE IN ORDINARY COURSE: VENDOR'S STABILITY WAS AND/IS A PRIMARY BASIS FOR ENTERING INTO AND CONTINUING WITH AGREEMENT, THEREFORE, COUNTY MAY TERMINATE ANY AGREEMENT BY THIRTY (30) DAYS WRITTEN NOTICE SHOULD VENDOR FAIL TO CONTINUE TO DO BUSINESS IN THE ORDINARY COURSE. TERMINATION FOR GRATUITIES: COUNTY MAY, BY WRITTEN NOTICE TO VENDOR, TERMINATE THE RIGHT OF VENDOR TO PROCEED UNDER ANY AGREEMENT UPON TEN (10) DAYS WRITTEN NOTICE, IF IT IS FOUND THAT GRATUITIES IN THE FORM OF ENTERTAINMENT, GIFTS, OR OTHERWISE WERE OFFERED OR GIVEN BY, OR ANY AGENT OR REPRESENTATIVE OF VENDOR, TO ANY OFFICER OR EMPLOYEE OF COUNTY WITH A VIEW TOWARD SECURING A CONTRACT OR SECURING FAVORABLE TREATMENT WITH RESPECT TO THE AWARD OF AMENDING,OR THE MAKING OF ANY DETERMINATIONS WITH RESPECT TO THE PERFORMING, OF SUCH CONTRACT. IN THE EVENT OF SUCH TERMINATION, COUNY SHALL BE ENTITLED TO PURSUE THE SAME REMEDIES AGAINST VENDOR AS IT COULD PURSUE IN THE EVENT OF DEFAULT BY VENDOR. This solicitation IS NOT for a federally funded purchase. Only Local Small Business Enterprises certified by the Office of Small Business ( OSB ) are eligible for the Local SBE Preference. PROCUREMENT RATED AS COMPLEX 236 PRICE SHEET REQUEST FOR BID SO NO : RFB -IS- 17201166 -1 COMPANY NAME Page BID DUE: 04/13/17 12:00:00 PM 32 LINE COMMODITY / SERVICE DESCRIPTION QUANTITY UOM EXTENDED NO. FROM/TO UNIT PRICE AMOUNT 1 COMMODITY CODE: 070- 57 -00- 0000000 14.00 EA VEHICLE - SUV, AWD, 11,000 LBS. GVWR, 6.0 LITER / V -8 ENGINE, 6 -SPEED AUTO - PER THE ATTACHED SPECIFICATIONS LABELED AS EXHIBIT A / #FD737- 16 -17. "VEHICLE OFFERED" YEAR: MAKE: MODEL: TRIM: CAPITAL ASSET #159 UNIT CODE# 40228 OBJECT CODE: # 6049 68# B231931 UNLESS SPECIFIED ELSEWHERE SHIP TO: FIRE FLEET SERVICES DIV -ADMIN 1104 N. EASTERN AVE #26 - FFS SPECIAL SERVICES LOS ANGELES, CA 90063 ATTN : FUND #40228 2 COMMODITY CODE: 070- 57 -00- 0000000 TIRE TAX ($1.75 PER TIRE X 14 VEHICLES) - PER THE ATTACHED SPECIFICATIONS LABELED AS EXHIBIT A / #FD737- 16 -17. CAPITAL ASSET# #159 UNIT CODE# 40228 OBJECT CODE: # 6049 68# B231931 UNLESS SPECIFIED ELSEWHERE SHIP TO: FIRE FLEET SERVICES DIV -ADMIN 1104 N. EASTERN AVE #26 - FFS SPECIAL SERVICES LOS ANGELES, CA 90063 ATTN : FUND #40228 70.001 EA 237 EL SEGUNDO CITY COUNCIL MEETING DATE: May 16, 2017 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding a two -year renewal of the cost sharing agreement in a form approved by the City Attorney with the City of Redondo Beach for operation of Beach Cities Transit (BCT) Line 109 for FY17 /18 and FY18 /19 and a one -time contribution towards a Real - Time Information System, in conjunction with the cities of Hermosa Beach, Redondo Beach, and Manhattan Beach. (Fiscal Impact: $43,417 for FYI 7/18 and not to exceed $25,689 for FYI 8/19 Proposition C funds) RECOMMENDED COUNCIL ACTION: 1. Approve the two -year renewal of the cost sharing agreement with BCT for operation of Transit Line 109 and a one -time contribution towards the Real -Time Information System. 2. Authorize the Mayor to execute Transit Service Operation Agreement in a form approved by the City Attorney. 3. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Cost Sharing Proposal from Beach Cities Transit for FYI 7/18 2. Real Time Information System Fact Sheet 3. Beach Cities Transit Route Map and Time Schedule FISCAL IMPACT: $43,417 for FYI 7/18 and not to exceed $25,689 for FYI 8/19 Proposition C funds Amount Budgeted: N/A Additional Appropriation: $43,417 for FY 17/18; Not -To- Exceed $25,689 for FY 18/19 Account Number(s): 114 - 400 -5293 -6206 (Beach Cities Transit Contractual Services) STRATEGIC PLAN: Goal: la El Segundo provides unparalleled service to internal and external customers Objective: 2 City services are convenient, efficient and user - friendly for all residents, businesses, and visitors ORIGINATED BY: Meredith Petit, Director of Recreation and Parks y� REVIEWED BY: Meredith Petit, Director of Recr ton and Parks APPROVED BY: Greg Carpenter, City Manager , BACKGROUND & DISCUSSION: Since August 2006, Beach Cities Transit (BCT) has operated Line 109 from Redondo Beach to the LAX Transit Center, passing through the cities of Hermosa Beach, Manhattan Beach, and El Segundo. In July 2006, these South Bay communities came together to collectively fund aportion of the operating costs for a new BCT Line (designated Line 109), to assume bus service responsibilities in lieu of the discontinued Metropolitan Transportation Authority's (Metro) Line 439. 238 BCT, a community -based transit system operated by the City of Redondo Beach, is designated as an `included operator' in Los Angeles County. As such, BCT is eligible to receive funding from Metro to partially fund local transit operating expenses. Despite the fact that funding is available through Metro, recent statewide funding reductions to transit agencies have impacted BCT's allocation, leaving the participating agencies the responsibility to cover the unfunded expenses of operating the service. Additionally, in the recent past, Metro has jettisoned `regionally underperforming' bus lines, leaving them to be either picked up by local operators or discontinued entirely. Over the past eight years, these four South Bay communities have supported the operation and evolution of BCT Line 109 to serve the transit needs of local residents and commuters, as Metro has discontinued routes 439, 124, and 125. Line 109 encompasses over 70 stops each northbound and southbound, with nearly 40% of the route within El Segundo city limits. Major destinations on Line 109 include the LAX City Bus Center, the Aviation Green Line Station, the Douglas Green Line Station, downtown Manhattan Beach, Manhattan Village Mall, downtown El Segundo, Plaza El Segundo, the Hermosa Beach Pier, the Redondo Beach Pier, and Riviera Village. In July 2015 the City Council approved a two -year agreement (July 1, 2015 through June 30, 2017) to continue supporting a proportional share of the operational costs of the BCT Line 109. At the end of June 2017, the total FY16 /17 financial commitment is estimated to total $39,999 and is funded through Proposition C Funds. In order to improve customer service and satisfaction, the City of Redondo Beach is proposing to include the cost to purchase and install a Real -Time Information (RTI) System. Real Time Passenger information allows passengers to receive real -time, up to date transit information. It is provided by a vehicle tracking system which uses global positioning satellite (GPS) information and a historical algorithm to predict when the next vehicle will arrive at any given transit stop, thereby reducing wait times and the reliance on schedules. The estimated total cost of the RTI system capital equipment and related operation expenses is $60,000. The cost of the RTI system will be distributed amongst all four agencies dependent on the percent investment. City of El Segundo will contribute $22,866 towards the RTI system a one -time payment during FY 17/18. The actual cost of the RTI service will not be final until after the RFP is issued and a vendor /system is determined. If the RTI costs by the selected vendor is lower than the estimated proposed costs, City of Redondo Beach will review the budget and make necessary adjustments to the payment amounts. The RTI project will be billed to the Cities after a vendor agreement is awarded. Cost Sharing Cities % Investment (avg. route miles /total route miles) Operations Contribution RTI Contribution Total Contribution Hermosa Beach 10.89% $ 5,873 $ 6,534 $12,407 Manhattan Beach 16.05% $ 8,655 $ 9,630 $18,285 EI Se undo 38.11% $20,551 $22,866 $43,417 Redondo Beach 34.95% $18,847 $20,970 $39,817 The proportional share for FY17 /18 is estimated at $43,417, made up of the operations contribution of $20,551 and Real -Time Information (RTI) contribution of $22,866. The estimates set forth in the agreement for FYI 8/19 include an additional 25% contingency on the operations portion for planning purposes and will not exceed $25,689. The estimated cost for operating the Line 109 service has decreased significantly due to the recent passage of Measure M. 239 The City of Redondo Beach is requesting the City of El Segundo approve a two -year agreement including the funding for the RTI system in a form approved by the City Attorney to participate in Line 109 to continue to improve the service and serve the communities' residents, businesses, and employers. Both the cities of Manhattan Beach and Hermosa Beach are expected to renew their participation. are yI� 13c•aeh t'itirs `I''rut�it BCT Line 109 Cost Sharing Proposal: Fiscal Year 2017 -18 April 2017 Service Beach Cities Transit operates the Line 109 route with agency partners, including Redondo Overview Beach, Hermosa Beach, Manhattan Beach and El Segundo. The partner agencies share operating costs for Line 109. Update: BCT services have been added to the Google Maps Trip Planner which makes using BCT buses easier and time information available by the map location. The BCT Twitter page, @RedondoBeachBCT was launched in November. Two new buses will be ordered in Fiscal Year 2018. TAP Mobile Validators have been installed on the buses so passengers can pay the fare using their TAP card. Proposed: City staff is in progress of researching real time information services on BCT buses to enable riders to get bus arrival times on their mobile phones or other computer systems. A real time information service RFP will be issued and the service implemented during Fiscal Year 2018. Statistics: Ridership in FY 2016 -17 is trending downward, consistent with other transit agencies. BCT Line 109 passenger trips decreased in FY 2015 -16 by 2.5 %, with 5,205 fewer trips over the prior year. Fare revenues decreased by $338 despite the ridership decrease. Actual Service Statistics History of BCT Line 109 Metro's annual transit formula funding allocations to municipal transit operators Transit is based on sales tax revenue receipts. Regional funding estimates stayed Funding relatively stable, however annual funding under the State Transit Assistance Program decreased for the second year in a row by approximately $28,800 from the prior year. The new Transportation sales tax funding, Measure M, will be available after October 2017. The Measure M formula funds will be used towards BCT transit operations, and the transit center facility maintenance and operations. Cost The expenses included in the cost sharing estimates for BCT Line 109 are the Estimates operating expenses incurred by the transit contractor, and fuel expenses. In addition the City proposes to include the estimated cost to purchase and install 1 April 12, 2017 241 FY 11 -12 FY 12 -13 FY 13 -14 FY 14 -15 FY 15 -16 Service Hours 18,809 20,134 20,234 20,235 20,343 Operating Cost $998,035 $1,088,582 $1,174,214 $1,173,517 $1,172,600 Fare Revenues $144,820 $162,909 $154,801 $149,765 $150,103 Passenger Trips 199,295 205,321 212,584 206,198 200,993 Metro's annual transit formula funding allocations to municipal transit operators Transit is based on sales tax revenue receipts. Regional funding estimates stayed Funding relatively stable, however annual funding under the State Transit Assistance Program decreased for the second year in a row by approximately $28,800 from the prior year. The new Transportation sales tax funding, Measure M, will be available after October 2017. The Measure M formula funds will be used towards BCT transit operations, and the transit center facility maintenance and operations. Cost The expenses included in the cost sharing estimates for BCT Line 109 are the Estimates operating expenses incurred by the transit contractor, and fuel expenses. In addition the City proposes to include the estimated cost to purchase and install 1 April 12, 2017 241 Fiscal Year real -time information capital equipment and systems, and related operation 2018 expenses. The total cost is expected to be $1,310,000 for the operation of 20,292 projected annual service hours. Cost increases are the result of increased fuel expenses, the transit contractor annual operating increases, and new real -time information system expenses. The cost sharing allocations, based on the percent of average route miles, remains Cost Sharing the same for all agencies. In FY 2016 -17, Redondo Beach will pay more than the Allocation other Cities' allocated percentage, in order to cover increased costs over the 10% History increase based on the cap established in the two year agreement. % INVESTMENT FY 2013 -14 FY 2014 -15 FY2015 -16 FY2016 -17 CITY (avg route miles/ actual actual actual projected total route miles) Redondo Beach 34.95% $70,098 $21,179 $33,349 $66,181 Hermosa Beach 10.89% $6,757 $6,599 $10,391 $11,430 Manhattan Beach 16.05% $9,959 $9,726 $15,314 $16,845 El Segundo 38.11% $23,646 $23,094 $36,363 $39,999 TOTAL SHORTFALL 100% $110,460 $60,598 $95,417 $134,455 Investment Based on the preliminary fund marks issued by Metro in March 2017, the Estimates estimated FY 2017 -18 shortfall for the BCT Line 109 is estimated at $113,926. The shortfall is $20,529 less than the FY2016 -17 estimates due to the allocation of Measure M funds towards operating costs. The proposed cost sharing agreement is for a two -year period (FY 2017 -18 and FY 2018 -19), that should be approved by the City Councils by June 1, 2017. BCT Estimated Cost Sharing Contract Allocations CITY % INVESTMENT (avg route miles /total route miles) FY 2016 -2017 INVESTMENT ESTIMATE FY 2017 -2018 INVESTMENT ESTIMATE Redondo Beach 34.95% $66,181* $39,817 Hermosa Beach 10.89% $11,430 $12,406 Manhattan Beach 16.05% $16,845 $18,285 El Segundo 38.11% $39,999 $43,417 Total 100% $134,455 $113,926 *FY 2017 contributions are based on a 10% increase over the FY 2016 agreement cap amounts for Hermosa Beach, Manhattan Beach, and El Segundo. The Redondo Beach investment includes all expenses over 10 %. Proposal Assumptions: • 20,292 annual service hours • No change in route mile distribution to Cities April 12, 2017 BCT Line 109 Cost Sharing Estimates 2 242 � K•il l'i'Y ( ifiv-S TravislS Estimated Expenditures BCT Line 109 Fiscal Year 2017 -18 The expenses included in the cost sharing estimates for BCT Line 109 are the operating expenses incurred by the transit contractor, and fuel expenses. In addition the City proposes to include the estimated cost to purchase and install Real -Time Information (RTI) capital equipment and systems, and related operation expenses. The estimated cost of the RTI system will be distributed to both the Line 102 and 109 operations, with approximately 60% allocated to Line 109 which is 60% of the transit operations total service hours. The actual cost of the RTI service will not be final until after the RFP is issued and a vendor /system is determined. If the RTI costs by the selected vendor are lower than the estimated proposed costs, the City will review the budget to adjust the payment amounts. The RTI project will be billed to the Cities after the vendor agreement is awarded. The total cost of the BCT Line 109 service inclusive of the RTI system is projected at approximately $1,310,000 for the operation of 20,292 projected annual service hours. The total shortfall including RTI costs is $20,529 less than the FY2016 -17 estimates due to the allocation of Measure M funds towards operating costs. Without RTI costs, the estimated shortfall is $53,926, approximately $80,529 less than the projected costs for FY 2016 -17. Estimated Line 109 Costs Estimated Transit Funding Operations $1,050,000 Fuel $ 200,000 RTI Capital /Ops $ 60,000 Total Estimate $1,310,000 Operation Funding $1,046,074 Fare Revenues $ 150,000 Total Estimated Revenues $1,196,074 Net $113,926 Cost Sharing Cities % Investment Operations Contribution RTI Contribution Total Contribution Redondo Beach 34.95% $18,847 $20,970 $39,817 Hermosa Beach 10.89% $ 5,873 $ 6,534 $12,407 Manhattan Beach 16.05% $ 8,655 $ 9,630 $18,285 El Segundo 38.11% $20,551 $22,866 $43,417 Total $53,926 $60,000 $113,926 The RTI Fact Sheet that follows on the next page provides an explanation of the benefits of real time information systems on transit buses. April 12, 2017 243 I�i'.,rlA [ 1S 1[ M t 3 .11t' it Real Time Passenger Information Fact Sheet What is Real Time Passenger Information? Real Time Passenger information allows passengers to receive real -time, up to date transit information. It is provided by a vehicle tracking system which uses global positioning satellite information and a historical algorithm to predict when the next vehicle will arrive at any given transit stop, thereby reducing wait times and the reliance on schedules. What are the benefits? Benefits realized from deploying real -time bus arrival information systems include improved customer service, increased customer satisfaction, and improved visibility of transit in the community. Transit agencies can also use the system as an oversight tool to monitor and control schedule adherence, customer inquiries and operations management. How is the information received? Real time passenger information is usually available through a variety of mediums depending on the vendor. Mediums include phone, website, smartphone applications and SMS text messaging. In addition, transit staff will be requiring vendors to provide a solution for real -time transit updates to users of Google Maps (GTFS -RT). These updates include live arrival and departure times to bus stops and service alerts. What is the cost? Price varies among real time information vendors. The range is $25,000 - $100,000 depending on system requirements and operational needs. The range provides a comprehensive estimate for the project: 1. Real Time Equipment 2. Passenger /Admin Interface a. Visual tracking of bus and arrival /departure times. 3. Host GTFS -RT feed on Contractor Server 4. Launch and Manage GTFS -RT a. Administrative data reports. 4 April 12, 2017 244 E E Z 6 2 o Z ZE E c E� E I N ®5 Z w om, E E 0 E n 1E 0 Z � E '6 0 0 n 7n,n° C 4: LU V LU Lu 0 J� u !!r OW Z vu anV Ln Qm5aqa U, Z th Sao A" 5 #A lu % 'o > 0, CL WO V03Aind3S PAIG q�j�d, 13 VINUOjn4 -V -T.-d T u > of� rc lj� u Z 0 pis X Ly X116 i,viO LU Z LU Co 0 ul Z, c LLI -E A P, -?m. 24 o E E� E z 0 u E t_. gg- 0 6 Ono LE 0 245 2 LL LU Cj cy) Rt E E Z 6 2 o Z ZE E c E� E I N ®5 Z w om, E E 0 E n 1E 0 Z � E '6 0 0 n 7n,n° C 4: LU V LU Lu 0 J� u !!r OW Z vu anV Ln Qm5aqa U, Z th Sao A" 5 #A lu % 'o > 0, CL WO V03Aind3S PAIG q�j�d, 13 VINUOjn4 -V -T.-d T u > of� rc lj� u Z 0 pis X Ly X116 i,viO LU Z LU Co 0 ul Z, c LLI -E A P, -?m. 24 o E E� E z 0 u E t_. gg- 0 6 Ono LE 0 245 EFFECTIVE AUGUST 2015 ® NORTHBOUND Redondo Beach to LAX City Bus Center m q�, 0 6:52 7:07 7:17 6:55 7:12 7:23 c lip 7:52 zz 4�o� � r � 8:42 6:00 6:17 6:28 6:42 6:53 6:30 6:47 7:25 7:42 8:10 8:27 8:50 9:07 9:35 9:52 1.75 10.49 11:10 11:27 11:50 12:07 12:35 12:52 1:45 2:02 2:30 2:47 3:10 3:27 3:55 4:12 4:45 5:02 5:30 5:47 6:58 7:53 8:38 9:18 10:03 10:53 11:38 12:18 1:03 2:13 2:58 3:38 4:23 5:13 5:58 7:12 8:07 8:52 9:32 10:17 11:07 11:52 12:32 1:17 2:27 3:12 3:52 4:37 5:27 6:12 7:23 8:18 9:07 9:47 10:32 11:22 12:07 12:47 1:32 2:42 3:27 4:07 4:52 5:42 6:27 7:03 7:13 7:33 7:43 8:28 8:38 9:17 9:27 9:57 10:42 11:32 12:17 12:57 1:42 2:52 3:37 4:17 5:02 5:52 6:37 6:10 6:27 6:38 6:52 7:07 7:17 6:55 7:12 7:23 7:37 7:52 8:02 7:45 8:02 8:13 8:27 8:42 8:52 8:30 8:47 8:58 9:12 9:27 9:37 AM PM 10:07 10:52 11:42 12:27 1:07 1:52 3:02 3:47 4:27 5:12 6:02 6:47 7:27 8:12 9:02 9:47 109 SOUTHBOUND LAX City Bus Center to Redondo Beach 0 `8` e am am m y . J�a m =m C �C �w m �� w m 0 w m °p -r , a01� �maM,� a 0 ti �G 5:55 i 6:21 6:39 6:51 7:00 7:15 6:05 6:22 6:33 6:47 7:02 7:12 7:22 7:05 7:22 7:33 7:47 8:02 8:12 8:22 8:15 8:32 8:43 8:57 9:12 9:22 9:32 9:10 9:27 9:38 9:52 10:07 10:17 10:27 10:10 10:27 10:38 10:52 11:07 11:17 11:27 11:15 11:32 11:43 11:57 12:12 12:22 12:32 12:10 12:27 12:38 12:52 1:07 1:17 1:27 1:10 1:27 1:38 1:52 2:07 2:17 2:27 2:35 2:52 3:03 3:17 3:32 3:42 3:52 3:30 3:47 3:58 4:12 4:27 4:37 4:47 4:30 4:47 4:58 5:12 5:27 5:37 5:47 5:35 5:52 6:03 6:17 6:32 6:42 6:52 6:30 6:47 6:58 7:12 7:27 7:37 7:47 7:30 7:47 7:58 8:12 8:27 8:37 8:47 8:30 _ 8 :47 8:58 9:12 9:27 9:37 9:47 AM PM 6:41 6:59 7:11 7:20 7:35 109 SOUTHBOUND LAX City Bus Center to Redondo Beach �m 0 `8` e am am m y . J�a m =m C �C �w m �� w m 0 w m °p -r , a01� �maM,� ti 4t 5:55 6:07 6:21 6:39 6:51 7:00 7:15 6:40 6:52 7:06 7:24 7:36 7:45 8:00 7:20 7:32 7:46 8:04 8:16 8:25 8:40 8:05 8:17 8:31 8:49 9:01 9:10 9:25 8:55 9:07 9:21 9:39 9:51 10:00 10:15 9:40 9:52 10:06 10:24 10:36 10:45 11:00 10:20 10:32 10:46 11:04 11:16 11:25 11:40 11:05 11:17 11:31 11:49 12:01 12:10 12:25 12:15 12:27 12:41 12:59 1:11 1:20 1:35 1:00 1:12 1:26 1:44 1:56 2:05 2:20 1:40 1:52 2:06 2:24 2:36 2:45 3:00 2:25 2:37 2:51 3:09 3:21 3:30 3:45 3:15 3:27 3:41 3:59 4:11 4:20 4:35 4:00 4:12 4:26 4:44 4:56 5:05 5:20 4:40 4:52 5:06 5:24 5:36 5:45 6:00 5:25 5:37 5:51 6:09 6:21 6:30 6:45 6:15 6:27 6:41 6:59 7:11 7:20 7:35 7:00 7:12 7:26 7:44 7:56 8:05 8:20 7:40 7:52 8:06 8:24 8:36 8:45 9:00 8:25 8:37 8:51 9:09 9:21 9:30 9:45 AM PM �m AM PM 246 0 `8` e am am m y . i� yw�Qy 77� Q iC � mrG 6:45 6:57 7:11 7:29 7:41 7:50 8:05 7:40 7:52 8:06 8:24 8:36 8:45 9:00 8:40 8:52 9:06 9:24 9:36 9:45 10:00 9:45 9:57 10:11 10:29 10:41 10:50 11:05 10:40 10:52 11:06 11:24 11:36 11:45 12:00 11:40 11:52 12:06 12:24 12:36 12:45 1:00 1:05 1:17 1:31 1:49 2:01 2:10 2:25 2:00 2:12 2:26 2:44 2:56 3:05 3:20 3:00 3:12 3:26 3:44 3:56 4:05 4:20 4:05 4:17 4:31 4:49 5:01 5:10 5:25 5:00 5:12 5:26 5:44 5:56 6:05 6:20 6:00 6:12 6:26 6:44 6:56 7:05 7:20 7:05 7:17 7:31 7:49 8:01 8:10 8:25 8:00 8:12 8:26 8:44 8:56 9:05 9:20 8:55 9:07 9:21 9:39 9:51 10:00 10:15 AM PM 246 EL SEGUNDO CITY COUNCIL MEETING DATE: May 16, 2017 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding 1) Approval of the Examination Plan for the Personnel Merit System job classification of Plan Check Engineer. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1. Approve the Examination Plans for Plan Check Engineer 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. None. FISCAL IMPACT: None Amount Budgeted: $ None Additional Appropriation: N/A Account Number(s): STRATEGIC PLAN: Goal: 1 Enhance Customer Service & Engagement Objective: 1 Provides unparalleled service to internal and external customers ORIGINATED BY: Mayra Houston, Human Resources Manager—))(VP REVIEWED BY: Lynn Lindberg, Human Resources Director 79-' APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION: The Plan Check Engineer position is assigned to Planning & Building Safety Department. At the September 28, 2016 Council Meeting, Council adopted Resolution approving the 2016 -2017 Final Operating and Capital Improvement Budget which included staff for the Plan Check Engineer position. Approval of the Examination Plan for this classification is necessary in order to begin the recruitment process. Staff is recommending that the City Council approve the examination plan that contains the following examination techniques and weights for the Plan Check Engineer classification. IN 247 A. Examination Plan Plan Check Engineer Open Competitive or Promotional - Structured Technical and Career Preparation Interview Weighted 100% Approval of exam plans for Merit System job classifications in all City Departments has been required since the passage of Initiative Ordinance No. 586 in April 1962. For departments other than Police and Fire, the plan may consist of any one or combination of the following techniques: 1. Written; 2. Oral; 3. Demonstration; and 4. Any evaluation of education, experience, or skills or physical fitness, which fairly evaluate the relative capacities of the applicants. Police and Fire Departments: The examination plan for entrance or promotional, for the Police and Fire Departments, shall consist of a written examination and one or more of the following: 1. Oral; 2. Demonstration; and 3. Any evaluation of education certification, experience, or skills or any test of manual skills or physical fitness, which fairly evaluates the relative capacities of the applicant. EL SEGUNDO CITY COUNCIL MEETING DATE: May 16, 2017 AGENDA STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action to oppose SB649 ( Hueso) Wireless Telecommunication Facilities & Proposed Amendments to Install Small Cells by Right. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1. Direct staff to prepare an opposition letter to be signed by the Mayor and sent to State Senator Ben Hueso (sponsor), with copies sent to local representatives State Senator Ben Allen and State Assembly Member Autumn Burke; 2. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: No Amount Budgeted: $0 Additional Appropriation: N/A Account Number(s): N/A STRATEGIC PLAN: Goal: 5 Champion Economic Development & Fiscal Sustainability Objective: 1 Promote economic growth and vitality for businesses and the community Goal: 4 Develop Quality Infrastructure and Technology Objective: 1 The City's infrastructure is well maintained ORIGINATED BY: Ken Berkman, Interim Director of Public Works REVIEWED BY: Greg Carpenter, City Manager APPROVED BY: Greg Carpenter, City Manager .7.q- BACKGROUND AND DISCUSSION: On March 16, 2017, the City Manager received an "Action Alert" email from the California League of Cities (League) to oppose SB649 that would allow small cellular installations by- right. Staff has reviewed the League's arguments to oppose the bill and is in concurrence as the bill, as currently drafted, includes language that would: Prohibit local discretionary review of "small cell" wireless antennas, including equipment collocated on existing structures or located on new "poles, structures, or non -pole structures," including those within the public right -of -way; • Preempt adopted local land use plans by mandating that "small cells" be allowed in all zones, including residential zones, as a use by- right; * Cap the amount of money that the City may lawfully collect from leasing its own infrastructure on its buildings and within the public right -of -way; the bill would erase the City's ability to charge competitive, negotiated rates and replace it with a "cost- based," fee recovery system only; • Provide a de facto exemption to the California Environmental Quality Act (CEQA) for the installation of such facilities and precludes consideration by the public of the aesthetic, nuisance impacts, and other environmental impacts of these facilities; • Includes equipment such as electric meters, concealments, telecom demarcation boxes, ground -based enclosures, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cables, or conduits in the definition of a "small cell." In general, this proposal shifts local land use authority away from local governments and puts it squarely into the hands of private interests with complete disregard for any public input. While the City considers itself a progressive, technologically - advanced and business - friendly agency that provides the best possible cost - effective services to our residents, SB 649, as currently drafted, takes away too much local control to warrant support for telecoms under the presumption of improved broadband and /or wireless networks, or other related services. For these reasons, staff recommend that the City Council formally oppose the bill and direct staff to prepare an opposition letter to be signed by the Mayor. 250 EL SEGUNDO CITY COUNCIL AGENDA STATEMENT AGENDA DESCRIPTION: MEETING DATE: May 16, 2017 AGENDA HEADING: New Business Consideration and possible action regarding Fiscal Year (FY) 2016 -17 Midyear Financial Review. (Fiscal Impact: Increase of $769,003 to the General Fund Expenditures and a decrease of $229,242 to the General Fund Revenues for a net reduction of $998,245 to the General Fund undesignated reserve balance; an increase of $847,830 to other funds' expenditures; and an increase of $1,062,709 to other funds' revenues) RECOMMENDED COUNCIL ACTION: (1) Receive and File FY 2016 -17 2nd Quarter Financial Review. (2) Approve the appropriation requests itemized in Attachment A. (3) Alternatively discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: A. Itemization of Mid -year appropriation requests. FISCAL IMPACT: Budget Adjustment Required Amount Budgeted: $0 Additional Appropriation: Yes $769,003 increase to General expenditures; $229,242 decrease to General Fund Revenues; $847,830 increase to other funds expenditures; and $1,062,709 to other funds revenues Account Number(s): See Attachment A STRATEGIC PLAN: Goal: 5(b) Champion Economic Development and Fiscal Sustainability: El Segundo approaches its work in a financially disciplined and responsible way Objective: 1 The City will maintain a structurally balanced budget 2 The City will maintain a stable, efficient, and transparent financial environment ORIGINATED BY: David Davis, Finance Manager & Juliana Demers, Revenue Manager REVIEWED BY: Joseph Lillio, Director of Finance alk APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION: Staff has reviewed all revenues and expenditures for the first quarter of FY 2016 -17, with an 1 251 emphasis on the General Fund, to determine if all sources and uses are on target with the originally adopted budget. As we review the mid -year results, the City continues to experience steady economic growth, as well as financial challenges related to funding infrastructure and concerning rising CalPERS pension costs. As of January 2017, the Bureau of Labor and Statistics reports that the state of California's unemployment rate (seasonally adjusted) has gone down from 5.7% to 5.1% when compared to January 2016. Nationwide, the unemployment rate (seasonally adjusted) has decreased from 4.9% in February 2016 to 4.7% in February 2017. The U.S. economy continues to grow at an slow rate of 1.9% as of the fourth quarter (December 2016) and is anticipated to grow around 2.0% through the end of 2017. The City's business and industry sectors provide the majority of sales and use tax and this sector has shown improvement but is still sensitive to the overall economy. Statewide, it is expected that Sales & Use Tax will increase about 3.8% in FY 2016 -2017. El Segundo's increase is estimated at around 3.5 %. Overall, the economy is showing signs of steady growth statewide. While we are projecting moderate growth in many City revenues, the concentration of revenues coming from the business and industry sector creates a higher level of volatility in our core tax revenues that is difficult to forecast. These core revenues will be closely observed during the next quarter and staff will be able to better estimate the performance to budget at the third quarter financial review. Table 1: Revised General Fund balance for Fiscal Year -end 2015 -16 Beginning Unassigned Fund Balance at October 1, 2015 $13,154,589 Plus Year -end revenues for FY 2015 -16 64,629,167 Less Year -end expenditures for FY 2015 -16 (63,682,184) Audited Ending Unassigned Fund Balance at September 30, 2016 $14,101,572 Aiidyear Financial Review Fiscal Year 2016 -2017 $13,713,518 65,338,214 (62,620,782) $16,430,950 Table 2 below represents the City's General Fund balance and reserves. The fund balance is the amount of financial resources immediately available for use. The City also has a Council policy to maintain an 18% general fund financial reserve for the current year. The additional fund 0 252 balance that is not designated towards the required 18% reserve is referred to as "undesignated" fund balance. These undesignated funds can be used at the discretion of City Council. Staff will continue to monitor revenues and expenditures and reevaluate the funds in the undesignated fund balance throughout the fiscal year. Staff will be making a recommendation to Council, based on the City's newly adopted strategic plan, to set priorities on the potential uses of these undesignated funds totaling $1,548,189. Table 2: Revised General Fund balance for Fiscal Year -end 2016 -17 FY I Adopted Beginning Unassigned Fund Balance at October 1, 2016 $14,101,572 $16,430,950 Plus adopted revenues for FY 2016 -17 67,836,559 67,836,559 Less adopted expenditures for FY 2016 -17 (69,810,355) (69,810,355) Less continued appropriations for FY 2016 -17 (approved 0 69[ 6,52b] by City Council on Dec. 20, 2016) Ending Unasasigned Fund Balance at September 30, 2017 $12,127,776 $13,760,628 Designated reserve requirement (18% of expenditures, $12,087,064 $12,212,439 excluding Transfers Out) Undesignated General Fund Reserves for FY 2016 -17 $40,712 $1,548,189 General Fund Revenues The following is a list of major General Fund revenues and the performance of each source through the second quarter: Table 3: General Fund Revenues 2nd Business License Sales & Use Tax Property Tax Transient Occupancy (TOT) Charges for Services Utility User's Tax (UUT) Franchise Tax $ 10,407,064 1 $ 10,944,572 3,422,328 4,758,012 3,693,662 3,860,833 2,209,093 4,240,728 2,476,723 2,651,905 2,075,216 2,256,874 91,893 95,685 3 $ 11,534,410 95% 12,179,368 39% 7,094,993 54% 9,600,000 44% 4,833,259 55% 6,210,000 36% 3,200,000 3% 253 Cogeneration Electric 400,947 383,613 1,000,000 38% License & Permits 1,027,089 775,195 1,745,900 44% Fines & Forfeitures 160,949 213,611 297,000 72% Tax Resolution Agreement 5,381,035 6,589,528 6,250,000 105% Interest on Investments 412,907 178,239 407,000 44% Other Revenues 1,946,242 1,924,857 3,484,629 55% Total General Fund $ 33,705,148 $ 38,873,653 $ 67,836,559 57% Revenues, Net of Transfers Transfers In - - - Total General Fund $ 33,705,148 $ 38,404,796 $ 67,836,559 57% Revenues Sales & Use Tax is the City's largest revenue source, accounting for about 18.0% of the General Fund revenues. Sales and Use Tax receipts for the first half of the current year is higher that from the same period last year and staff is projecting a revision in this item budget due to the result of positive audit findings (in favor of the City) which would transfer to the City of El Segundo an estimated $320,632 in sales tax revenues originally allocated to the Los Angeles County sales tax pool. As previously mentioned, the budget amount is higher than the previous year's actual do to the unwinding of the State's borrowing against the City's 1% sales tax rate, or also known as the Bradley Burns rate. Since 2004 the State has been taking 0.25% and only submitting 0.75% of the Bradley Burns rate to cities in order to balance the state budget. In order to be made whole, the 0.25% was remitted to cities twice a year (January and May) through the Sales Tax in Lieu, also known as "Triple Flip" program. Beginning in July 2016 cities began to receive their full share of the 1% sales tax versus the 0.75% cities have been receiving and the Triple Flip was discontinued. This is the cause for the large variance in prior year. FY 2015 -16 2nd Quarter $3,422,328 FY 2015 -16 Year -end $ 12,089,552 $12,075,832 FY 2016 -17 2nd (includes last payment of Triple Flip) $10,944,572 FY 2016 -17 2nd Quarter $4,758,012 FY 2016 -17 Adopted Budget $ 12,179,368 Revised 2016 -2017 Estimated Budget 1 $ 12,500,000 Business License Tax is the City's second largest General Fund revenue source, accounting for 17.0% of its total estimated revenues. The majority of this revenue stream is collected in January and February. It is anticipated that the revenue will be on target with budget. The prior year -end actual includes a large late penalty of $600,000. FY 2015 -16 2nd Quarter $10,407,064 FY 2015 -16 Year -end $12,075,832 FY 2016 -17 2nd Quarter $10,944,572 1 FY 2016 -17 Adopted Budget $11,534,410 Property Tax is $167,171 higher than the same period last year and is anticipated to come in as budgeted. The bulk of property tax revenue is received from the County in four large payments that occur in December, January, March and April of each year. ll 254 FY 2015 -16 2nd Quarter $3,693,662 FY 2015 -16 Year -end $6,933,644 FY 2016 -17 2n Quarter $3,860,833 1 FY 2016 -17 Adopted Budget $7,094,993 Transient Occupancy Tax (TOT) is the third largest General Fund revenue source, accounting for 14.2% of total estimated revenues. This revenue has been rebounding as the economy improves due to increased occupancies and room rates. On April 12, 2016 a proposed change in the City of El Segundo's T.O.T. rate appeared on the ballot as "Measure B." Measure B gave registered voters the opportunity to approve or disapprove a rate increase in the T.O.T. from 8% to 12 %. The Measure passed with a 71.8% approval from voters. This is the reason for the increased revenue quarter to quarter and prior year actual to current budget. At this time TOT is projected to be in line with budget which included projected revenues for the new hotel opening in May 2017. FY 2015 -16 2nd Quarter $2,209,093 FY 2015 -16 Year -end_ $7,597,007 FY 2016 -17 2nd Quarter $4,240,728 d FY 2016 -17 Adopted Budget $9,600,000 Charges for Services includes Zoning and Planning fees, Plan Check fees, Plan Retention fees, Energy Plan Check fees, Planning Service fees and Paramedic Transport and have a combined mid -year revenue of $ 2,651,905, or 55% of budget received. This is about a 4.7% increase over the same period last year and tracking slightly above budget. The main drivers of this percentile increase are attributed to timely collection in paramedic service and a slight increase in the volume plan checks. FY 2015 -16 2nd Quarter $2,476,723 FY 2015 -16 Year -end 1 $4,937,295 FY 2016 -17 2° d Quarter $2,651,905 FY 2016 -17 Adopted Budget 1 $4,833,259 Franchise Tax is another one of the City's major revenue sources that is always impacted by the price of natural gas, its consumption demand, the price of electricity and its demand. The annual payments from Southern California Edison (SCE) and The Gas Co are received in April of each year and staff is aware that payment will be lower than projected in the adopted budget by approximately 10% or $300,00 due to a decrease in the SCE payment resulting in a decrease in overall demand. This results in a revised year -end estimate from $3,200,000 to $2,900,000, or a decrease of $300,000. FY 2015 -16 2nd Quarter $ 91,893 FY 2015 -16 Year -end $3,063,819 FY 2016 -17 2nd Quarter $ 95,685 FY 2016 -17 Adopted Budget $3,200,000 Revised 2016 -2017 Estimated Budget $ 2,900,000 Utility User's Tax revenue collection has increased since last quarter report and it is —24% higher than the same period last year, although it is still tracking below the anticipated budget primarily due to user conservancy efforts in electricity and water, as well as electric use 5 255 conservancy efficiencies such as led lighting and building code requirements for energy efficiency. Another factor in the reduced electric UUT is the conversion of most City industrial space into office spaces which significantly reduces the use of electricity due to the nature of business as well as the effort to comply to the "green building" code. The total revenue received under the electric UUT category is lower than the original projection which results in staff recommending a revised budget for the this category from $6,210,000 to $5,800,000, or a decrease of $410,000 (- 6.6 %). FY 2015 -16 2nd Quarter $2,075,216 FY 2015 -16 Year -end $5,446,357 FY 2016 -17 2nd Quarter $2,575,948 FY 2016 -17 Adopted Budget $ 6,210,000 Revised 2016 -2017 Estimated Budget $ 5,800,000 Cogenerated Electric Utility User's Tax is slightly lower than the same period last year with 38% of budget received. The revenue source is trending under budget. The Short Run Avoided Cost (SRAC) rate is obtained from Southern California Edison and impacts the amount of cogenerated tax paid to the City. This rate is used to calculate a fair price for energy produced by cogenerating plants. Staff will be closely monitoring this revenue item to see if the spring and summer revenue will trend with the adopted budget. At this time, staff is not recommending a change in the budget estimate. FY 2015 -16 2nd Quarter $400,497 FY 2015 -16 Year -end $948,125 FY 2016 -17 2nd Quarter $383,613 FY 2016 -17 Adopted Budget $1,000,000 License and Permits includes animal licensing, various building permits, and street permits. The City recorded revenues of $775,195 or 44% of budget. The revenue collection in building permits is 25% or $ 248,742 lower than the prior year, although revenue stream is somewhat seasonal and is anticipated to pick up in the spring and summer. FY 2015 -16 2nd Quarter $1,027,089 FY 2015 -16 Year -end $1,913,390 FY 2016 -17 2" Quarter $775,195 FY 2016 -17 Adopted Budget $1,745,900 The annual Tax Resolution Agreement (TRA) payment is based on the prior years' actual tax revenue received from Chevron and a "true -up" payment paid in the following fiscal year once the actual tax revenues have been reconciled. There is an established annual tax ceiling for Chevron that is increased each year by the CPI -U. FY 2016 -17 TRA received is higher than the previous year by $1.2M due to the cpi escalator (— $225K) and overall lower taxes paid by Chevron in categories such as the Gas UUT. The TRA payment for FY 2016 -17 is higher than the budgeted amount by $339,528. Therefore, staff is revising the year -end estimate to reflect this. FY 2015 -16 2° d Quarter $5,381,035 FY 2015 -16 Year -end $5,381,035 FY 2016 -17 2nd Quarter $6,589,528 FY 2016 -17 Adopted Budget $6,250,000 Revised 2016 -2017 Estimated Budget $ 6,589,528 0 256 Summary of revised estimates to the General Fund Revenue Budget: Table 4: Revised General Fund revenues for Fiscal Year -end (FYE) 2016 -17 ".Revenue 2015-16 l e l e ', Source ' /le •/ i / l e Adopted Ch e g• Sales Tax $ 12,179,368 $12,500,000 $320,632 2.6% Franchise Tax 3,200,000 2,900,000 - 300,000 (9.4 %) Utility User's Tax 6,210,000 5,800,000 - 410,000 (6.6 %) TRA 6,250,000 6,589,528 339,528 5.4% Other Revenues 3,484,629 3,523,629 39,000 1.1% All other GF Revenues 36,512,562 36,512,562 0 0% Total General Fund $ 67,836,559 $ 67,825,719 ($ 10,840) -0.01% Revenues 6,640,707 6,568,601 15,125,846 43% This variance is immaterial; therefore, staff is recommending no change to the total General Fund adopted revenues for FY 2016 -17. Table S — General Fund l x1pe ititures bi- Department — Current Year Compared to Prior Year 7 257 2015-16 l e l e `, of ILDepartments , Qtr 2nd Qtr Adopted Budget City Attorney $218,017 252,117 488,250 52% City Clerk 129,431 175,520 412,931 41% City Council 119,868 120,028 289,268 41% City Manager 411,535 496,311 1,389,170 35% City Treasurer 137,391 142,902 318,102 45% Finance 645,956 940,305 1,905,626 49% Fire 6,640,707 6,568,601 15,125,846 43% Human Resources 369,307 330,839 820,765 36% Library 949,873 1,042,208 2,315,461 45% Planning & Building Safety 1,104,451 1,082,896 2,663,311 39% Police & Information Systems 9,886,800 10,341,400 22,074,207 46% Public Works 2,425,362 2,934,659 7,206,240 39% Recreation and Parks 2,153,147 2,162,627 5,757,619 38% Nondepartment 3,104,228 3,427,059 6,383,559 55% 28,296,073 30,014,472 67,150,355 44% Total General Fund Expenditures, Net of Transfers Transfers Out 904,145 2,660,000 2,660,000 100% $29,200,218 $32,674,472 $69,810,355 46% Total General Fund Expenditures 7 257 Second quarter Comparison — FY 2016 v. FY 2017 In comparing between the second quarter of the year between current and prior years, the major differences are due to the following: - City Clerk expenditures increased $46,089 or 36% over the same period last year. This is due to the hiring of a Deputy City Clerk. - City Manager expenditures increased $85,000 or 21% over the same period last year. This is due to the LAX Master Plan Intervention that was recognized in the Non - department in prior years and an increase in professional and technical services. - The Finance department expenditures increased $294,000 or 46% over the same period last year. This is due to the filling of the vacant positions of Director, Revenue Manager, Finance Manager and Accounting Manager. - The Police department expenditures increased $455,000 or 5% over the same period last year. This is primarily due to the timing of the quarterly payments for the communications center. In the prior year, the 2nd quarter payment ($350k) was made in the 3`d quarter. - The Public Works department expenditures increased $509,000 or 21 % over the same period last year. This is primarily due to an increase in expenditures for professional and technical consultants. - Transfers out of the General Fund increased $1.8 million over the same period last year. This is due to the decisions that City Council approved from strategic planning to fund one- time capital projects with the excess undesignated reserves. - Non - department expenditures increased $323,000 or 10% over the same period last year. This increase is primarily due to an increase in annual leave cash outs and cash outs for unexpected retirements and resignations. - The Library department expenditures increased $92,000 or 10% over the same period last year. This increase is primarily due to the filling of new part time positions. - The Fire, Recreation and Parks, City Council, City Treasurer and the Human Resources department expenditures did not vary materially from prior year. In summary, General Fund expenditures are tracking below the adopted budget. There are still many vacant positions in various departments, particularly in Police, IS, Fire and Recreation & Parks. The total estimated salary and benefit savings for FY 2016 -17 is expected to be $1 million: $700,000 from P.D., $150,000 from Fire, $100,000 from IS, and $50,000 from Recreation & Parks Estimated Revenues and Expenditures for Enterprise Funds Water Utility Enterprise Fund Revenues in the Water Utility Fund are on track to meet budget at yearend. Expenditures are anticipated to be slightly below budget due to salary savings and a reduction in operating costs. Revenues: FYE 2015 -16 Actual Revenues $28,445,553 FY 2016 -17 2 "d Quarter Revenues $13,955,727 FY 2016 -17 Adopted Budget $29,627,487 FY 2016 -17 Yearend Estimate $29,627,487 >3 258 Expenditures. FYE 2015 -16 Actual Expenditures $25,429,852 FY 2016 -17 2 "d Quarter Expenditures $13,044,056 FY 2016 -17 Adopted Budget $32,009,384 FY 2016 -17 Yearend Estimate $31,809,384 Sewer Utility Enterprise Fund Revenues in the Sewer Utility Fund are 20.5% or $315,571 higher than the same period last year with 53.2 % of budget received. The revenue source is expected to be $200,000 higher than budget. Expenditures are anticipated to be in line with Budget. There are two pending large capital projects, annual sewer main repair and sewer pump station #1, that total $4.5 million. Revenues FYE 2015 -16 Actual Revenues $4,171,971 FY 2016 -17 2 "d Quarter Revenues $1,762,378 FY 2016 -17 Adopted Budget $3,310,355 FY 2016 -17 Yearend Estimate $3,510,000 Expenditures FYE 2015 -16 Actual Expenditures $3,502,840 FY 2016 -17 2 "d Quarter Expenditures $2,021,740 FY 2016 -17 Adopted Budget $11,654,511 FY 2016 -17 Yearend Estimate $11,654,511 The Golf Course Fund is currently at 36.3% of revenue budget received. Revenue at the Golf Course typically increases in the spring and summer but most likely this fund will end the year below the adopted revenue budget of $1,842,000. Expenditures are at 44% of budget which will see an increase in the spring and summer. As a result, the expenditures will be on track to meet the adopted budget of $1,936,375. Discussion on Special Revenue Funds The funds under the Special Revenue Funds are primarily from Federal, State, and County programs such as: Traffic Safety, State Gas Tax, Asset Forfeiture, Measure R, Prop A & C, CDBG, COPS, and Federal and State Grants. These funds are on track to meet budget at yearend. Discussion on Debt Service Fund The Debt Service Fund records the City's facility lease activity for the Douglas Street Gap Closure. On September 1, 2005, the City entered into a facility lease agreement with the California Infrastructure and Economic Development Bank ( CIEDB) whereby CIEDB issued 0 259 bonds in the amount of $10,000,000 to finance the Douglas Street Gap Closure Project. The City will make lease payments over a 30 -year period, which began on February 1, 2006. The interest rate on the bonds is 2.87% per annum. Payments on the lease obligation are due February 1 and August 1 of each year. The debt service fund is on target to meet the revenue and expenditure budgets. Discussion on Internal Service Funds There are three funds that comprise this category: Equipment Replacement Fund, Liability Insurance Fund and the Workers Comp Insurance Fund. The Equipment Replacement Fund is trending under budget. The Worker's Comp fund is on track to meet budget at yearend. The General Liability Insurance Fund is on target to meet the adopted budget with the exception of an assessment from the Insurance pool, ICRMA, in the amount of $170,333. Staff is requesting for City Council to appropriate an additional $170,333 from available General Liability Fund Balance to the expenditure budget to cover this assessment that the City was made aware of in December 2016. Staff will continue to monitor and report any changes during the 3" quarter financial review. Budget Appropriation Requests General Fund: The General Fund has an undesignated fund balance of $1,548,189 as reflected in Table 2 above. Staff is recommending the following General Fund appropriation requests to City Council resulting in utilizing $998,245 of the undesignated funds: • $500,000 to transfer out to the Economic Uncertainty Fund. This will fulfill the City Council policy of having a reserve of $2 million in the Economic Uncertainty Fund and allow flexibility during future strategic planning sessions to address the increasing pension and other operating costs that will be putting budgetary pressure on subsequent fiscal years. 0 $200,000 to transfer out to the Capital Projects Fund for the P.D. roof • $125,000 as an additional appropriation to the LAX master plan intervention for additional legal fees incurred • $118,000 as an additional appropriation to the Non - departmental line item for PARS costs. The PARS payment for FY 2015 -16 was not budgeted and therefore not made. This recommendation will allow the City to make the missed payment. • $51,000 as an additional appropriation to fund the replacement POS /cashiering system to CLASS. • $50,000 as an additional appropriation to fund the computer loan program. This program is a benefit offered to all labor groups as defined in each MOU. However, staff 10 260 discovered the funding for this benefit program has not been allocated in the budget. This funding will allow pending requests to be funded, as the program has been suspended since the beginning of March 2017. • $37,000 as an additional appropriation to Public Works repair and maintenance supply budget for the government buildings division. PW has spent about 75% of this budget through March 31, 2017. • $25,000 as a reduction to the General Fund PSAF (Public Safety Augmentation Fund) revenue budget and transfer to the revenue budget for the PSAF Fund (123). These revenues should have been budgeted in Fund 123. The expenditures for PSAF were properly budgeted in the PSAF Fund (123). • $38,467 increase to the revenue budget for the computer refresh charges. This revenue budget was not updated from the prior year's budgeted number with the current year's support costs. + $242,709 as a reduction to the Certified Unified Participating Agency (CUPA) General Fund Revenue budget and $311,997 as a reduction to the CUPA General Fund expenditure budget; resulting in a positive net position of $69,288 to the General Fund. o The budget for CUPA revenues and expenditures currently reside in the General Fund. Staff is recommending moving all CUPA related activity out of the General Fund and creating a new special revenue fund (Fund 126) for all CUPA financial activity. This will allow the City to properly record, monitor and report all CUPA activity to the State as required by law. The following budget adjustments are recommended (see attachment A, line item #1): reduce General Fund budgeted revenues by $242,709 and appropriate these revenues to the new CUPA Fund 126; reduce General Fund expenditures by $311,997 and appropriate these expenditures to the new CUPA Fund 126. + $120,000 to transfer out to the Capital Projects Fund for a seismic retrofit project for Fire ($90k) and Fire Station #1 facility upgrades ($30k). This is to be offset by a reduction in General Fund expenditures from the Fire full -time salaries in the amount of $120,000. This budget adjustment is neutral to the General Fund due to the fact that salary savings will be used. 11 261 Table 6 — Recommended General Fund Balance and Reserves for Fiscal Year 2016 -2017 Year -end Beginning Unassigned Fund Balance at October 1, 2016 $16,430,950 $16,430,950 Plus adopted revenues for FY 2016 -17 67,836,559 67,836,559 Less adopted expenditures for FY 2016 -17 (69,810,355) (69,810,355) Less continued appropriations for FY 2016 -17 (approved 69( 6,526) 69[ 6 526? by City Council on Dec. 20, 2016) Ending Unassigned Fund Balance at September 30, 2017 $13,760,628 $13,760,628 Less: Designated reserve requirement (18 %) 12,212,439 12,212,439 Undesignated General Fund Reserves for FY 2016 -17 $1,548,189 $1,548,189 Less: Mid -Year recommendations (pending Council Approval) (998,245) Undesignated General Fund Reserves for FY 2016 -17 $549,944 Other Funds: • $170,333 as an additional appropriation to the General Liability Insurance Fund (Fund 602) from its own fund balance: • The City was notified by the insurance pool, ICRMA, of an assessment in the amount of $170,333 in December 2016. ICRMA assessed all current and past members to the general liability insurance program due to underfunding of this fund for several years. • The current FY 2016 -17 fund balance is $682,793 (prior to the appropriation). • $45,500 as an additional appropriation to fund the remaining .5 FTE of an Accountant that was approved with the FY 2016 -17 budget. During the budget approval, City Council approved 1.5 FTEs for the newly created Accountant positions that was budget neutral as a result of restructuring the Finance Department. In order to bring the Accountant positions to 2 FTEs, which is the need in Finance to address the significant workload that has not been adequately addressed, staff is requesting to fund an additional .5 FTE. This .5 FTE originally was approved to be funded by the FAA and LAWA to work 50% under the RSI program. Since the program was frozen in August of 2016, these agencies will no longer fund this position. Staff is requesting the $45,500 to be funded from the following funds: o $22,750 to the Water Fund salary & benefits expense accounts 12 262 o $11,375 to the Sewer Fund salary & benefits expense accounts o $11,375 to the Gas Tax Fund salary & benefits expense accounts ■ The approval of the .5 FTE will allow an Accountant to proportionately support the activities in these funds. This Accountant will report directly to the Revenue Manager. 2016_/17 Main Street Ilea utification Program The Recreation and Parks Department is exploring potential options for upgrades to the landscape in the Downtown corridor (Main Street & Grand Avenue) to enhance the aesthetics of the area. The plant material is about 15 years old and has become lackluster. Options could range from about $30,000 to purchase and install plant species in the current palette in the vacant areas, to up to $100,000 to remove the existing material and install a completely new palette that would be environmentally mindful (i.e. drought - tolerant) and lower maintenance for a completely updated look. Due to several vacancies during FYI 6/17, it is anticipated that the Parks Division will be about $100,000- $120,000 below budget in the Full -Time Salaries line item that could be used for these landscaping improvements. Options can be presented to City Council at a later date. Conclusion At the Department level, the City has been spending under budget. This is reflected in the FY 2015 -16 audited year -end results of $62,610,307 compared to the estimates of $63,682,184, respectively. The original adopted budget for FY 2015 -16 was $64,377,060. Also, the current year expenditures are trending with the adopted budget with a possible salary savings of $1 million due to vacancies. This represents spending that is in line with the budgetary plan. Overall, revenues are tracking in line with budget, even with the volatility of certain revenues sources that are tied to economic activity, utility usage, or commodity prices such as gasoline and natural gas. 13 263 Exhibit A: Fiscal Year 2016 -2017 Mid -Year Budget Adjustments Fiscal Impact General Item # Description Fund Other Funds General Fund Revenues 15 (b) Transfer PSAF Revenue Budget to PSAF Fund Increase in Other Funds Revenues General Fund Expenditures Account for CUPA activity in new Fund 126 - CUPA, 1 (c) previously accounted for in General Fund (311,997) 3 (b) Transfer Out to Economic Uncertainty Reserve 500,000 4 (b) Account for CUPA activity in new Fund 126 - CUPA, 200,000 1 (a) previously accounted for in General Fund (242,709) 5 (b) Increase Computer Refresh revenues to agree with 90,000 2 interdepartmental charges 38,467 15 (a) Transfer PSAF Revenue Budget to PSAF Fund (25,000) 6 (b) Decrease in General Fund Revenues (229,242) Other Funds Revenues (30,000) 7 To account for CUPA activity in new Fund 126 - CUPA, 125,000 1(b) previously accounted for in General Fund 118,000 9 Transfer in from General Fund to Economic 50,000 3 (a) Uncertainty Reserve 37,000 11 Transfer in from General Fund to Capital Projects - 51,000 4 (a) Police Roof 769,003 Transfer in from General Fund to Capital Projects - Fire 5 (a) Seismic Retrofit Transfer in from General Fund to Capital Projects - Fire 6(a) Station Facility Upgrades 15 (b) Transfer PSAF Revenue Budget to PSAF Fund Increase in Other Funds Revenues General Fund Expenditures Account for CUPA activity in new Fund 126 - CUPA, 1 (c) previously accounted for in General Fund (311,997) 3 (b) Transfer Out to Economic Uncertainty Reserve 500,000 4 (b) Transfer Out to Capital Improvements - Police Roof 200,000 Transfer Out to Capital Improvements - Seismic 5 (b) Retrofit Project 90,000 5 (c) Fire Suppression Full -Time Salaries Reduction (90,000) Transfer Out to Capital Improvements - Fire Station 6 (b) Facility Upgrades 30,000 6 (c) Fire Suppression Full -Time Salaries Reduction (30,000) 7 LAX Legal Fees 125,000 8 Annual Pars Payment Catch Up 118,000 9 Fund Employee Computer Loan Program 50,000 10 Repairs and Maintenance Supplies 37,000 11 Tyler Cashiering 51,000 Increase in General Fund Expenditures 769,003 1 Account 001 - 300 - 0000 - 3820:3826 001 - 300 - 0000 -3928 001 - 300 - 0000 -3206 242,709 CUPA (126) 126 - 300 - 0000 - various Economic Uncertainty 500,000 (401) 401 - 300 - 0000 -9399 200,000 CIP (301) 301 - 300 - 0000 -9399 90,000 CIP (301) 301 - 300 - 0000 -9399 30,000 CIP (301) 25,000 PSAF (123) 1,062,709 301 - 300 - 0000 -9399 123 - 300 - 0000 -3206 001 - 400 - 3205 - various 001 - 400 - 0000 -9499 001 - 400 - 0000 -9499 001 - 400 - 0000 -9499 001 - 400 - 3202 -4101 001 - 400 - 0000 -9499 001 - 400 - 3202 -4101 001 - 400 - 2101 -6406 001 - 400 - 2901 -4209 001 - 400 - 2901 -6244 001 - 400 - 2601 -5203 001 - 400 - 2505 -8108 Exhibit A: Fiscal Year 2016 -2017 Mid -Year Budget Adjustments Fiscal Impact General Item # Description Fund Other Funds Other Funds Expenditures To account for CUPA activity in new Fund 126 - CUPA, 1 (d) previously accounted for in General Fund 311,997 CUPA (126) 4 (c) Capital Improvements - Police Roof 200,000 CIP (301) 5 (d) Capital Improvements - Seismic Retrofit Project 90,000 CIP (301) 6(d) Capital Improvements - Fire Station Facility Upgrades General Liability Insurance - Annual Assessment 12 Increase 13 (a) Accountant - Part Time to Full Time 13(b) Accountant - Part Time to Full Time 13 (c) Accountant - Part Time to Full Time Increase in Other Funds Expenditures Account 126 - 400 - 3205- various 301 - 400 - 8201 -8513 301 - 400 - 8201 -8702 30,000 CIP (301) 301 - 400 - 8201 -8707 170,333 General Liability (602) 602 -400- 0000 -6211 22,750 Water (501) 501- 400 - 7102 -4101 11,375 Wastewater (502) 502- 400 - 7102 -4101 11,375 Gas Tax (106) 106 - 400 - 0000 -4101 847,830 Increase (Decrease) in Estimated Year -End Fund Balance (998,245) 214,879 2 TO BE DELIVERED UNDER SEPARATE COVER ITEM #F9 EXHIBIT A — Itemization of Mid -year appropriation request. 264 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE: May 16, 2017 AGENDA HEADING: New Business Informational report on the Strategic Work Plan quarterly update and the Key Performance Indicators (KPIs) for the month of April 2017. (Fiscal Impact: none) RECOMMENDED COUNCIL ACTION: 1. Receive and file an informational report on the Strategic Work Plan quarterly update. 2. Receive and file an informational report on April KPIs. 3. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Exhibit A — Fiscal Year 2016 -17 Strategic Work Plan quarterly update 2. Exhibit B - Key Performance Indicator results for the month of April 2017 3. Exhibit C — ESPD Performance Metrics STRATEGIC PLAN: Goal: 5(b) Champion Economic Development and Fiscal Sustainability: El Segundo approaches its work in a financially disciplined and responsible way Objective: 2 The City will maintain a stable, efficient, and transparent financial environment FISCAL IMPACT: $ (0) Amount Budgeted: $0 Additional Appropriation: N/A �} PREPARED BY: Joseph Lillio, Finance Director APPROVED BY: Greg Carpenter, City Manager BACKGROUND & DISCUSSION: The Mayor and City Council, the City Manager, and City staff worked diligently to develop a three - year Strategic Plan. The mission, "Provide a great place to live, work and visit," serves as the foundation for the City's five major goals. These goals are: 1. Enhance Customer Service and Engagement; 2. Support Community Safety and Preparedness; 3. Develop as a Choice Employer and Workforce; 4. Develop Quality Infrastructure and Technology; and 5. Champion Economic Development and Fiscal Sustainability. 10 265 The strategic plan features a framework that can be adjusted based on the current needs of the community. The goals, objectives, activities, and key performance indicators (KPIs) will be reviewed annually and Council can modify these if necessary. Also, on a quarterly basis the City will provide updates on the progress and performance of the work plan, as well as monthly updates on the KPIs. As such, the plan may be modified to ensure that stated goals are aligned with the needs of the community. This is the first quarterly report updating City Council on the strategic work plan progress. The April KPIs will be presented as well, providing one quarter of KPI reporting. The quarterly reporting of the work plan status and reporting on the City -wide performance indicators is part of the approved strategic plan and falls under the Strategic Goals 1 and 5. The City's quarterly strategic work plan update includes a status column that delineates whether there is compliance with each activity. Green - :, Current compliance with stated activity: City is on target to fully implement or has already implemented the stated activity. Yellow Current non - compliance with stated activity: City activity is not fully implemented as identified in the Strategic Plan but the estimated date to achieve full implementation has been delayed. Red : Current Hors- conrnliance and cannot cowiply with slated activity; City activity is not currently attainable as identified in the Strategic Plan and staff recommends suspending attempts to pursue implementation at this time. This may necessitate a change in the activity in the future. •V Exhibit A: Quarterly Strategic Work Plan update Enhance Customer Service and Engagement Goal 1(a): El Segundo provides unparalleled service to internal and external customers Responsible Resources Projected Milestones Objective Activity FY 2016 -17 Status Comment Party Required • Cross - training and cross- City -wide vacant Develop training plan & This project has not been started at this time, but communication HR positions filled survey will be developed in subsequent FY 1) City operations are unified and integrated Enhance collaborative capacity velop approach IS IS fully staffed ffed Pending IS Director and IS vacancies to be filled Citywide (e.g., teleconferencing) Use, Develop and train Finalize design for one -stop • Build a business center for the P &BS PW & Dev support business center and West development team and customers Conference Room IS Director • Replace, streamline and optimize Internal Working recommendation to TC Pending IS Director and IS vacancies to be filled. website with mobile app and robust IS Group (WG) & Tech Part of prioritization list of technology projects to 2) City services intranet Committee (TC) Council approve vendor be reviewed by TC in June. are convenient, efficient and user- Initiate the design friendly for all residents and Provide online business IS Support & TC /WG Multiple TC meetings and WG meetings have businesses transactions for residents and input Research options occurred addressing the researching of options. business community - E -file and Online Plan Check, online permitting Planning & (all business areas), Online business Finance license renewal, new application The online T.O.T. reporting & payment remittance process, & payments. Online T.O.T. p P Y additional funding Upgrade (supplement) went live May 2017. All other options are in reporting and payment remittance p g p Y software progress of being reviewed. • Provide a user - friendly digital file City activity is not currently attainable in the City Clerk IS support Plan cabinet for public to access online current Fiscal Year requesting move to FY 2017 -18 Exhibit A: Quarterly Strategic Work Plan update 2) City services are convenient, efficient and user - friendly for all residents and businesses 2) City services are convenient, efficient and user - friendly for all residents and businesses Provide GIS software access to basic property information and relevant documents I I 1w/new track to discuss implementation plan options I P &BS S support & funding N/A IS Director & Tech Committee in FY 2017- Each department will set goals for improvement Create a citizens' training academy I PD Funding Develop curriculum I • Expand Library hours, search Library IS support access, programs, etc. • Expand Parks & Rec programs to (a)meet the customer demand of parks & Rec Funding affordable, safe, and fun programs for youth igate extended hours :e Adult Stations (16) Encore enhancement d Adult Summer I ig Program, Drop -In presentation, art ind summer day camp year round recreation Implement Centennial via Volunteers, sponsors committee of business, • Implement year -long festivities and elected and community parks &Rec members celebration of the City's Centennial Amend codes in response to issues I PUS discovered by staff and customers • Identify areas of internal service HR improvement from Human Resources salaries Enhance I Media Services Each department will set goals for improvement Complete 4 -6 amendments Solicit department feedback to clarify service pport staff in HR expectations Develop employee survey 2 vestigation of required staffing in progress eport provided at 1st Budget Study Session n priority list for IS committee review. n target to implement by July 2017. n target to expand number of summer programs id others June -Sept. 2017. mmer 2017 Offerings include 3 additional weel Tiny Tot Camp, 2 week of new program Teen mp, and expanded times for Camp Cowabunga fld Centennial Ball and Birthday Bash in Jan 117; Selected over 12 items to sell as mmemorative merchandise; collected over .50,000 in sponsorship funds edia Services to internal customers continues to :pand; increase in PT salaries is vital to continue; edia services include video production for this time some very preliminary only has been ne on this project. Will explore further in FY 17 -18. Exhibit A: Quarterly Strategic Work Plan update Enhance Customer Service and Engagement Goal 1(b): El Segundo's engagement with the community ensures excellences — it understands and exceeds customer expectation Responsible Resources Projected Milestones Objective Activity FY 2016 -17 Status Comment Party Required 3) The City is transparent • Report Citywide performance Develop tracking systems Monthly KPI reporting to City Council began in City Manager Department support regarding services indicators March 2017 and performance Begin quarterly reports • Assess customer satisfaction via: 4) The City -, Annual resident and The development of these surveys is in the initial business surveys City Manager Develop engages in phase. regular, intentional Post service or event information questionnaires gathering Refine the budget and Personal outreach City Manager & strategic planning process The upcoming FY 17 -18 strategic planning will throughout year Finance Department support to incorporate community incorporate community feedback voices • Provide inter - departmental tours Director of and brief overview of services parks /Rec Quarterly or bi- annual Still to be developed provided Citywide PD to assist Develop Social Media Policy 5) City Expand use of social media as communication is communication tool Notify public of surveys and comprehensive City Manager Social media policy meetings via social media and integrated Launch bi- monthly • Expand use of E- newsletters as newsletter to disseminate Bi- monthly City E- newsletter launched in March communication tool City Manager service updates, milestones 2017 achieved, pending goals Exhibit A: Quarterly Strategic Work Plan update Support Community Safety and Preparedness Goal 2: El Segundo is a safe and prepared city Responsible Resources Projected Milestones Objective Activity Party Required FY 2016 -17 Status Comment Study Fire Dept. Additional funding & administrative work Based on funding, estimate support and Fire HR review demands + deployment and completion during 2017 -18 budget cycle work demands 1) The City has a proactive approach to risk and crime that is outcome focused • Ensure equipment, systems and staffing remain up to date with standards and local needs (e.g., high- density construction and increased service demands, changed crime rates, State laws and funding) Institute proactive plans to mitigate hazards within the City with community involvement Emergency Services Ensure redundancies are in place Coordinator PW, Fire, PD support (ESC) Prepare via planning, training and mock activities P &BS, Fire & PD Department input & support 4 valuate equipment, Consultant has completed a detailed analysis of ersonnel and systems; Fire is following current depreciation schedule for equipment and software needs pgrade as appropriate Replace Public Safety all crticial emergency communication, as well as Fire & PD EOC training has been conducted and Emergency equipment per standards studying next generation Public Safety Broadband rogram and end-of-life demands Network (PSBN) opportunities Concurrent with RCC & Upgrade Dispatch (CAD) & PD IS support Records Management Plan to restructure PD Contingent on staffing Analysis of equipment Currently underway & will be completed by late replacement fund July 2017 Finance Update Depreciation In progress and will be completed by late July Department input Schedule 2017 HR City Manager support, Add Emergency Services Position added & recruitment in progress staff in HR Coordinator position Department input & Update plans, continue Hazard Mitigaiton Plan (HMP) has been approved support, community inspections, professionals by FEMA, bringing the City into compliance involvement list, program outline Emergency Services Ensure redundancies are in place Coordinator PW, Fire, PD support (ESC) Prepare via planning, training and mock activities P &BS, Fire & PD Department input & support 4 valuate equipment, Consultant has completed a detailed analysis of ersonnel and systems; equipment and software needs pgrade as appropriate Kpand disaster personnel EOC training has been conducted and Emergency a Citywide cross - training Services Worker training curriculum has been rogram completed for City staff use pdate evacuation plans Tsunami plans have been reviewed for HMP rills, training, exercises Conducting EOC drill in October 2017 Exhibit A: Quarterly Strategic Work Plan update Develop as a Choice Employer and Work Force Goal 3(a): El Segundo is a City employer of choice and consistently hires for the future City Attorney drone ordinance be researched and developed Objective Activity Fire /PD support JAdopt Update code to align with Comment ITo • Ensure ordinances are current P &BS, Fire, & 1) The City has high risk of seismic activity Department support N/A with new /emerging risks PD enhance wellbeing and morale List critical Geo fence this program to begin in FY 17 -18. Funds for a consultant To be developed customer service, locales employee Fire support retention, and Institute a formal Employee Department support On track to begin research & collect information Develop a list - emergency Recognition Program To be developed N/A on programs in place with other agencies operations requiring TFRs HR Staff Inform owners re retro -fit for Add voluntary seismic Prioritize vacancies so staff Priortization process established between HR and 2) Proactive P &BS can focus efforts on most 2) The City earthquakes critical positions retrofit standards to code provides a communication competitive and community • Use social media to keep environment and • Ensure process excellence to high recruitment and Development of an Applicant Survey has not nimble hiring / on- Implementation of Enhance mass notifications selection workload Survey applicants engagement community & staff informed & PD 2017 -18. for its employees social media policy via social media Develop as a Choice Employer and Work Force Goal 3(a): El Segundo is a City employer of choice and consistently hires for the future Responsible Projected Milestones Objective Activity Resources Required FY 2016 -17 Status Comment Parties 1) The City has • Institute a wellness program to Department support N/A Work plan calls for research into implementing a strong culture of enhance wellbeing and morale this program to begin in FY 17 -18. Funds for a consultant customer service, employee retention, and Institute a formal Employee Department support On track to begin research & collect information internal feedback Recognition Program N/A on programs in place with other agencies HR Staff Prioritize vacancies so staff Priortization process established between HR and can focus efforts on most 2) The City critical positions City Departments. provides a competitive HR staff to handle the environment and • Ensure process excellence to high recruitment and Development of an Applicant Survey has not nimble hiring / on- attract qualified applicants selection workload Survey applicants begun at this time. Development will begin in FY boarding process 2017 -18. for its employees Hire staff dedicated to 2 College Interns added to support overall recruitment and selection recruiting efforts. 61 Exhibit A: Quarterly Strategic Work Plan update Develop as a Choice Employer and Work Force • Train employees to effectively and Responsible Projected Milestones Objective Activity HR Lead Funds for a consultant Consultant assessments Party Postponed until FY 2017 -18 3) The City has efficiently perform their jobs 4) The City has a culture of innovation, trust a comprehensive, and efficiency Department leaders as a group will develop plans for reinforcing these items 5) City staff enjoy mastery, intentional plan autonomy and purpose in their work — pride for staff Develop employees so they are development, training and Staff to oversee Analyze, propose P/T succession prepared to progress in the HR Lead / program classification updates organization Department Heads • Develop employees to be able to fill critical vacancies from within Develop as a Choice Employer and Work Force Goal 3(b): The El Segundo workforce is inspired, world - class, engaged — increasing stability and innovation Responsible Projected Milestones Objective Activity Resources Required Party I FY 2016 -17 Status Comment See Goal 3(a) 4) The City has a culture of innovation, trust Each department will develop plans for advancing these items and efficiency Department leaders as a group will develop plans for reinforcing these items 5) City staff enjoy mastery, autonomy and purpose in their work — pride Exhibit A: Quarterly Strategic Work Plan update Develop Quality Infrastructure & Technology Goal 4(a): El Segundo's physical infrastructure supports an appealing, safe, and effective City Responsible Projected Milestones Objective Activity Resources Required FY 2016 -17 Status Comment Party • Regularly assess Citywide facility needs meet safety standards and Research for Citywide Assessment not funded as part of the best practices strategy and current CIP ($350K requested). PW is currently PW Funding for Citywide Identify and develop list of consultant focused on repairing /replacing critical facility Facility Assessment projects (see schedule) outreach elements (roofs, HVAC, etc) to address • Identify funding and commit to commenced. life /safety /best practices issues. future infrastructure needs Aquatic Center Construction underway; JUA in progress explored ESUSD -owned Richmond Field as an •Coordinate multi- agency CIP PW (construction) Little league miracle field option for future improvements; ultimate goal is additional space; on hold to assess Spring 2017 1) The City season optimizes its physical resources Top Golf /The Lakes Possible EIR approval June /July 2017 Replace synthetic turf at Construction bids under evaluation; anticipated Parks & Rec PW support Campus El Segundo construction late -July /August 2017 • Maintain park equipment and fixtures to meet safety standards and best practices Council approval /funds Playground resurface & Playground surface is complete; not enough grant shade structures funds to complete shade structures at this time Routine pruning, removal of • Enhance trimming schedule to Increased funding undesirable and hazardous Ongoing mitigate risk street trees, and planting approved species Exhibit A: Quarterly Strategic Work Plan update Develop Quality Infrastructure & Technology Goal 4(b): El Segundo's technology supports effective, efficient, and proactive operations 2) The City has Fire Support an integrated • Improve efficiency and TC input Implement Automated effectiveness of staffing and leave Staffing Technology for focus on replacement, with safety focus Council approval /funds Safety Funding established for FD system, waiting for technology IS technology committee's further input & support on direction Research options for EDEN Department input & building and vehicle maintenance tracking 3) The City has an effective structure to meet Implement online policy the technology Use the full potential of software software to ensure needs of the City compliance with laws and and its Fire & PD Limited IS Support & best management practices Software vendor identified recommending constituents TC input regarding personnel implementation during 2017 -18 budget supervision and policy administration Develop Quality Infrastructure & Technology Goal 4(b): El Segundo's technology supports effective, efficient, and proactive operations Responsible Projected Milestones Objective Activity Resources Required Party FY 2016 -17 Status Comment Each department will set paperless goals Use mobile app to allow residents to easily report ROW problems and issues • Implement paperless: Payroll, Purchasing & A/P IS IPW support Evaluate apps available support&TCinput Implement paperless payroll Finance Replace printing direct Server space deposit paystubs with secure email N nding IS Director and IS vacancies to be filled. rt of prioritization list of technology projects to reviewed by TC in June. plemented in February 2017 plemented in February 2017 - employees logon secure website to view & print paystub Exhibit A: Quarterly Strategic Work Plan update • Scan historical documents P &BS Dependent on funding Evaluate options & TC i rev ew • Develop an updated and user friendly website that is easily Pending IS Director and IS vacancies to be filled. navigated; communicating City's IS Part of prioritization list of technology projects to ability to meet citizen and business be reviewed by TC in June service expectations; attracts new business; and is feature -rich 4) The City invests in systems Funding as necessary in order to add IS support Public access online catalog, Software and apps on IS list for tech comm. citizen value, word p g, EBook, processing, review; WiFi conversion under investigation for provide access to Expand Library access to internet Library music, downloadable apps; cost of electrical, design &furniture. Report at 1st information that TC input Convert reference into Wi -F! Budget session. is easily available, stations engage residents in civic participation, and City Activity is not implemented to date as provide mass identified and requesting modify research notification Agenda Management System(s) City Clerk All Departments Research, present and select and present options to City y Staff for F F Y 16 -17 then present to Council an RFP to select in FY 17 -18 RFP scheduled for release end of May 2017; • Replace Online classes & IS support Research options, discuss Selection committee will include Technology reservations system (CLASS) Parks & Rec with TC, make selection Committee members. Implementation by Funding December 2017. Reviewing quotes for check -out equipment in • Plan and implement self- Explore cost /funding, TC checkout Library IS support review progress. Wi -Fi in all critical City facilities IS Fiber Optic Network TC review project in Data Center PD Additional budget may Radios, license plate Some budget programmed in FY 16 -17 (in "parking be required readers, Citywide camera lot "). Additional budget required in FY 17 -18. • Purchase equipment and s stem, Fiber E of Sepulveda Y p systems IS PD Depends on CAD /RMS Work with RCC Dispatch IS TC input Monitor CAD Upgrade Exhibit A: Quarterly Strategic Work Plan update Champion Economic Development & Fiscal Sustainability Goal 5(a): El Segundo promotes community engagement and economic vitality Responsible Projected Milestones Objective Activity Resources Required Party I I FY 2016 -17 1 Status lComment 1) Implement a comprehensive economic development strategy to ensure the City encourages vibrant business climate that is accessible, user - friendly and welcoming to all residents, businesses and visitors Meetings began in March 2017; Chair /Vice • Advocate and promote local arts Parks & Rec Committee mission & vision selected; meeting schedule is every 4th Tuesday lof each month commend business velopment opportunities Council Guide resource identification to achieve Strategic planning with EDAC underway goals, EDAC work plan Promote business attraction and retention Proactively attract new businesses, and high - quality jobs through exhibiting at conventions and trade shows Meet with businesses regarding challenges, ongoing assistance programs, resources • Use events strategically I Ec. Dev. Manager 10 nnual event to recognize conomic development chievements, honor and -knowledge local usinesses, and provide a etworking opportunity nnual regional brokers' vent to build awareness rid showcase real estate pportunities in the City to gal estate professionals Exhibit A: Quarterly Strategic Work Plan update Digital Campaign; Print Campaign; Outdoor Develop micro -sites to promote local hotels, retailers and restaurants Distribute monthly SOAR e- Actively communicate, advertise and newsletter to business engage in Public Relations leaders, real estate brokers, and regional economic development influencers Guide, Brochures, & Promotional Items to promote B2B review Highlight competitive advantages, newsworthy stories o discuss in strategic planning with EDAC ieved in new City newsletter Champion Economic Development & Fiscal Sustainability Goal 5(b): El Segundo approaches its work in a financially disciplined and responsible way Responsible Projected Milestones Objective Activity Resources Required FY 2016 -17 Status Comment Party 2) The City will • Annual adoption of a structurally maintain a balanced budget Present plan to Council On target structurally City Manager & balanced budget • Develop revenue streams and reserve Finance Department Support Review FY 17-18 Strategic with appropriate fund to keep infrastructure advancing Plan (Spring 2017), Budget On target reserve levels (Feb -Aug) • Review and refine the budget / - Develop and issue RFP for strategic plan process City -wide fee study Issued April 27, 2017 3) The City will maintain a stable, • Develop a comprehensive master fee Department Support - Present master fee Postponed until April /May 2018 - pending efficient, and schedule and cost recovery policy to Finance schedule to Council for completion of cost allocation &fee study transparent support City needs approval financial environment • Review of Business License Tax Necessary vacant - Conduct study on business • Annual review of financial policies positions filled license structure Staff has begun research 11 Exhibit 6 - Key Performance Indicators for the Month of April Enhance Customer Service and Engagement Goal 1(a): El Segundo provides unparalleled service to internal and external customers Objective Activity KPIs February March April Quarterly Average Cross- training and cross - communication 3 -month average: 1) City operations are Building: 30 plan Building: 43 plan Building: 36 plan Building: 36.3 plan unified and integrated Enhance collaborative capacity Citywide checks - 11.8 days to checks - 14 days to checks - 12.4 days to checks - 12.9 days to (e.g., teleconferencing) review Electrical: 12 plan review Electrical: 8 plan review Electrical: 19 plan review Electrical: 13 plan Build a business center for the development team and customers checks - 16.2 days to checks - 16.9 days to checks - 13.7 days to checks - 15.1 days to review review review review Mechanical: 7 plan Mechanical: 9 plan Mechanical: 14 plan Mechanical: 10 plan checks- 11.1 days to checks- 18.9 days to checks - 18.4 days to checks - 16.8 days to Average workdays to process plan check reviews & review review review review 2 ) City services are the number of plan checks Plumbing: 3 plan Plumbing: 3 plan Plumbing: 12 plan Plumbing: 6 plan convenient, efficient and user per FTE (P &BS) checks - 5 days to checks - 30.3 days to checks - 9.5 days to checks - 12.2 days to friendly for all residents and Replace, streamline and optimize website review review review review businesses with mobile app and robust intranet Grading: 2 plan Grading: 0 plan Grading: 0 plan Grading: 1 plan checks - 26 days to checks - 0 days to checks - 0 days to check - 13 days to review review review review 51 total plan checks 63 total plan checks 81 total plan checks Monthly average of & an average of 8 & an average of 8 & an average of 8 65 total plan checks FTEs = 6.75 per FTE FTEs = 7.9 per FTE FTEs = 10.1 per FTE & an average of 8 FTEs = 8.1 per FTE Key Performance Indicators for the Month of April Enhance Customer Service and Engagement Goal 1(a): El Segundo provides unparalleled service to internal and external customers Objective Activity KPIs February March April Quarterly Average Provide online business transactions for residents and business community Monthly average Average workdays to 6 permits reviewed 4 permits reviewed 3 permits reviewed of 4 permits E- file and Online Plan Check, online f process film permits & for an avaerage of for an average of for an average of reviewed for r an permitting (all business areas), Online the number of film 48 hours 48 hours 48 hours average of business license renewal, new application permits per FTE (Finance) turnaround turnaround turnaround hours turnaround process, payments. Online T.O.T. reporting and payment remittance Provide a user - friendly digital file cabinet for public to access online 2) City services are Monthly report on N/A - To be Provide GIs software access to basic convenient, efficient and user property information and relevant Resident /Business developed friendly for all residents and documents satisfaction survey s (CM) businesses Create a citizens' training academy I Expand Library hours, search access, Turnaround time to Monthly average of programs, etc. Average of 8 days to Average 6.9 days Average 6.5 days to process all City contracts 7.1 days to process Expand Parks & Rec programs to (a)meet & the number of process 14 to process 39 process 17 an average of 23 the customer demand of affordable, safe, contracts processed per agreements by .75 Agreements by .75 agreements, agreements, and fun programs for youth FTE (City Clerk) FTE FTE by .75 FTE by .75 FTE Employee Implement year -long festivities and celebration of the City's Centennial satisfaction survey s N/A - To be (H.R.) (to be developed Amend codes in response to issues discovered by staff and customers developed) 21 Page Key Performance Indicators for the Month of April Enhance Customer Service and Engagement Goal 1(b): El Segundo's engagement with the community ensures excellences — it understands and exceeds customer expectation Objective Activity I KPIs I February March April Quarterly Average Quarterly status report 3) The City is To be reported on to City Council on the transparent regarding Report Citywide performance indicators May 16 to City strategic work plan services and performance Council Assess customer satisfaction via (Finance) Monthly report on Annual resident and business Resident /Business N/A - To be surveys satisfaction surveys developed Post service or event questionnaires (Finance) 4) The City engages in Monthly average regular, intentional 19,586 card holders, 19,223 card 19,065 card holders; of: 19,291 card information gathering Number of Library card 13,386 visitors, holders, 16,612 14,022 visitors; holders; 14,673 holders, library visitors, 13,553 Circulation Visitors, 16,242 11,951 Circualtion of visitors; 13,915 Personal outreach throughout year number of circulation of Circulation of of Materials, Materials; Circualtion of materials, &attendance Materials, Attendance at Attendance at Materials; at programs (Library) Attendance at Programs - 333 Programs - 367 Attendance at Program - 619 Programs - 440 uarter results (Jan-March): Enrollment in Park /Rec Class enrollment = 1,056 Provide inter - departmental tours and programs & General Fund Special Events = 5 brief overview of services provided cost per attendee Home delivered meals = 1,371 (Rec /Park) Aquatics Programs (direct program costs only): 5) City communication Lap Swim - 1901 attendance @ cost of $28.38 /attendee is comprehensive and integrated Swinnastics - 499 attendees @ cost of $11.37 /attendee Expand use of social media as I communication tool Recreation Swim - 602 attendees @ cost of $24.06 /attendee Event attendance & Transportation Services (Direct program costs only): Expand use of E- newsletters as General Fund cost per Dial -A -Ride - 1,229 riders @ a cost of $7 /rider communication tool attendee (Rec /Park) Lunchtime Shuttle - 1,204 riders @ a cost of $3.06 /rider Doctor Dial -A -Ride - 39 riders @ a cost of $45.43 /rider 31 Page Key Performance Indicators for the Month of April Support Community Safety and Preparedness Goal 2: El Segundo is a safe and prepared city Objective Activity KPIs February March April Quarterly Average Monthly report on See attached See attached See attached Ensure equipment, systems and staffing Reported monthly Crime Statistics (P.D.) "Exhibit A" "Exhibit B" "Exhibit U remain up to date with standards and I I I I local needs (e.g., high- density Monthly report on Monthly average: construction and increased service Priority 1 response times 155 calls with 24 112 calls with 24 115 calls with 24 127 calls with 24 demands, changed crime rates, State laws & number of Priority 1 FTEs = 6.5 calls per FTEs = 4.7 calls per FTEs = 4.8 calls per FTEs = 5.3 calls per and funding) responses per FTE (P.D.) FTE FTE FTE FTE Institute proactive plans to mitigate 9 Members Trained Monthly average hazards within the City with community 19 Members of 9 Members involvement Number of CERT Trained 60 labor hours of Trained members trained training conducted & 60 labor hours Ensure redundancies are in place annually & the number of 60 labor hours of by FD Staff 0 Members Trained of training labor hours by staff (F.D.) training conducted conducted by FD by FD Staff Staff 1) The City has a proactive approach to risk and crime that is EMS Calls: EMS Calls: EMS Calls: Monthly Average outcome focused Avg. time Dispatch Avg. time Dispatch Avg. time Dispatch EMS Calls: Avg. time Dispatch Prepare via planning, training and mock to Arrive on scene to Arrive on scene to Arrive on scene Average total response to Arrive on scene activities 4 min 03 sec 4 min 09 sec 4 min 28 sec time for Fire & EMS calls 4 min 13 sec and the number of FTEs Fire Calls: Fire Calls: Fire Calls: responding per call (FD) Fire Calls: Avg. time Dispatch Avg. time Dispatch Avg. time Dispatch Avg. time Dispatch to Arrive on scene to Arrive on scene to Arrive on scene to Arrive on scene 4 min 59 sec 5 min 23 sec 5 min 30 sec 5 min 17 sec 2.695 service calls 3,066 service calls 2,866 service calls 2,876 service calls Ensure ordinances are current with Number of total service at 24 patrol FTEs = at 24 patrol FTEs = at 24 patrol FTEs = at 24 patrol FTEs = new /emerging risks calls per Sworn Patrol FTE 112.3 service calls 127.8 service calls 119.4 service calls 119.8 service calls per FTE per FTE per FTE per FTE 41 Page Key Performance Indicators for the Month of April 51 Page Inform owners re retro -fit for 2) Proactive earthquakes Citizen surveys & N/A - To be communication and questionnaires (CM) developed community engagement Use social media to keep community & staff informed & engaged Develop as a Choice Employer and Work Force Goal 3(a): El Segundo is a City employer of choice and consistently hires for the future Objective Activity KPIs February March April Quarterly Average 74 days & 16 129 Days & 8 107 Days & 8 Average time to fill recruitments filled recruitments filled recruitments filled 3 Monthly average: Institute a wellness program to enhance recruitments & the Filled to HR FTEs = 1 FT & 7 PT FT & 5PT 96 Days & 11 1) The City has a strong wellbeing and morale number of recruitments 5.33 (FT Posting to Cert (FT Posting to Cert recruitments filled filled per H.R. FTE (FT Posting to Cert culture of customer List 60 days) List 51 days) List 50 days) service, employee retention, and internal Average of 33 feedback Number of vacancies 32 full -time 33 full -time 34 Full -time vacancies per (H.R.) Institute a formal Employee Recognition month Monthly average Program Quarterly turnover 2 (1 f/t & 1 p /t) 6 (2 f/t & 4 p /t) 3 (2FT & 1PT) of 1.6 FTEs & 2 percentage (H.R.) PTEs 2) The City provides a Applicant surveys & the competitive environment Ensure process excellence to attract total number of surveys N/A - To be and nimble hiring / on- received per recruitment qualified applicants developed boarding process for its (H.R.) (to be employees developed) Train employees to effectively and 3) The City has a efficiently perform their jobs comprehensive, intentional plan for staff Develop employees so they are prepared Number of internal 3 0 1 Average of development, training to progress in the organization promotions (H.R.) 1 per month and succession Develop employees to be able to fill critical vacancies from within 51 Page Key Performance Indicators for the Month of April Develop as a Choice Employer and Work Force Goal 3(b): The El Segundo workforce is inspired, world - class, engaged — increasing stability and innovation Objective Activity KPIs February March April Quarterly Average 4) The City has a Each department will develop plans for Verbal culture of innovation, advancing these items Quarterly report on presentation to be trust and efficiency Annual Employee satisfaction surveys To be l developed developed S) City Staff enjoy mastery, autonomy and Department leaders as a group will (H.R.)(to be developed) provided by Ken purpose in their work — develop plans for reinforcing these items Berkman, Director ride of PW 1) The City optimizes Develop Quality Infrastructure & Technology Goal 4(a): El Segundo's physical infrastructure supports an appealing, safe, and effective City Objective Activity KPIs February March April Quarterly Average Regularly assess Citywide facility needs Verbal meet safety standards and best practices Quarterly report on presentation to be status of capital Identify funding and commit to future improvement plan provided by Ken infrastructure needs implementation (PW) Berkman, Director of PW 1) The City optimizes Coordinate multi- agency CIP Average: its physical resources Monthly report on 254 Potholes, 13 111 Potholes, 55 Potholes, 23 Maintain park equipment and fixtures to number of potholes & p 366 potholes, 20 Sidewalk Sidewalk Sidewalk meet safety standards and best practices sidewalk repairs skim patches,- 174 Grinding /AC Grinding /AC Grinding /AC labor hours completed & the Repairs, 32 skim Repairs, 12 skim Repairs, 21 skim Enhance trimming schedule to mitigate number of labor hours patches, 2 Digouts patches, 2 Digouts - patches, 1.3 risk spent per repair (PW) 139 labor hours 161 labor hours Digouts - 158 labor hours 61 Page Key Performance Indicators for the Month of April Develop Quality Infrastructure & Technology Goal 4(b): El Segundo's technology supports effective, efficient, and proactive operations Objective Activity KPIs February March April Quarterly Average 2) The City has an Improve efficiency and effectiveness of Status update of IS Under Technology integrated focus on staffing and leave replacement, with safety master plan technology focus implementation (IS) Committee review Water bill: 406 Water bill: 601 Water bill: 448 Water bill: 485 Number of online 3) The City has an online payments online payments online payments online payments transactions conducted effective structure to made made made made from residents, meet the technology Use the full potential of software businesses and needs of the City and its Employees: 320 Employees: 318 Employees: 318 Employees: 319 employees (City - constituents wide /Finance to report) online timesheets online timesheets online timesheets online timesheets submitted submitted submitted submitted 71 Page Key Performance Indicators for the Month of April Develop Quality Infrastructure & Technology Goal 4(b): El Segundo's technology supports effective, efficient, and proactive operations Objective Activity KPIs February March April Quarterly Average Use mobile app to allow residents to easily report ROW problems and issues Implement paperless: Payroll, Purchasing & A/P Monthly analytical Scan historical documents analysis of City website traffic: number of visitors Develop an updated and user friendly (hits), what webpage was 4) The City invests in website that is easily navigated; most viewed, and how systems as necessary in order communicating City's ability to meet many inquiries were Monthly Average: to add citizen value, provide citizen and business service expectations; made from community 279 Total IS Tickets, 322 Total IS Tickets, 286 Ttotal IS Tickets, 296 IS tickets issued, access to information that is attracts new business; and is feature -rich via web tools (IS 272 Closed tickets, 296 Closed Tickets, 251 Closed Tickets, 273 Closed Tickets, easily available, engage 180 hours spent 533 hours spent 292 hours spent pending implementation 335 hours spent residents in civic of new website) resolving tickets resolving tickets resolving tickets. resolving tickets. Expand Library access to internet participation, and provide Agenda Management System(s) mass notification Monthly reporting of Replace Online classes & reservations Total IS tickets, closed system (CLASS) tickets, and hours spent Plan and implement self- checkout resolving tickets Wi -Fi in all critical City facilities Purchase equipment and systems 81 Page Key Performance Indicators for the Month of April Champion Economic Development & Fiscal Sustainability Goal 5(a): El Segundo promotes community engagement and economic vitality Objective Activity KPIs February March April Quarterly Average 1) Implement a Advocate and promote local arts Tracking of economic comprehensive economic indicators and tax budget Monthly OpenGov status N/A - part of Promote business attraction and development strategy to retention revenue annually (Econ reports on budget versus February data annual report ensure the City Dev) Develop revenue streams and reserve fund actuals (accessed via City updated March data updated Use events strategically encourages a vibrant appropriate reserve to keep infrastructure advancing website) (Finance business climate that is levels Business accessible, user - friendly Actively communicate, advertise and engage retention /attraction /satis Quarterly status report to N/A - To be and welcoming to all in Public Relations faction surveys (Econ Dev City Council on the strategic developed residents, businesses and to be developed) work plan progress visitors schedule and cost recovery policy to support (Finance) Champion Economic Development & Fiscal Sustainability Goal 5(b): El Segundo approaches its work in a financially disciplined and responsible way Objective Activity KPIs February March April Quarterly Average 2) The City will Annual adoption of a structurally balanced maintain a structurally budget Monthly OpenGov status reports on budget versus February data Each month has balanced budget with Develop revenue streams and reserve fund actuals (accessed via City updated March data updated April Data updated been uploaded appropriate reserve to keep infrastructure advancing website) (Finance levels Review and refine the budget / strategic Quarterly status report to plan process City Council on the strategic Quarterly report Develop a comprehensive master fee work plan progress presented to City schedule and cost recovery policy to support (Finance) Council on May 16 3) The City will City needs maintain a stable, efficient, and transparent Annual percent of costs financial environment Review of Business License Tax recovered for services N/A provided (Finance) Quarterly investment Annual review of financial policies policy compliance Fully in compliance Fully in compliance Fully in compliance Fully in Compliance (Treasury) 91 Page ESPD Performance Metrics Exhibit C: Monthly Report - March 2017 CRIME TYPE # of Crimes Percent Change From El Segundo Previous Year (YTD) Culy Gar Haw HBch MBch Ina PV RBch Torr Homicide 0 0% 0 0 0 Rape 1 100% 0 0 2 Robbery 1 -33% 16 1 1 Aggravated Assault 0 40% 9 1 1 Burglary 22 9% 26 11 14 Theft / Larceny 30 -15% 66 37 70 Vehicle Theft 3 17% 18 7 9 Arson 0 0% 2 0 0 Total Part 1 57 -5% 137 0 57 97 0 0 0 0 PRIORITY TYPE # of Calls Response Times El Segundo (Dispatch to Onscene) Priority E 1 :17 Priority 1 115 4:07 Total 116 4:05 POSITION All RCC Agencies -- # of Calls / Response Times (Dispatch to Onscene) 82 calls / 4:07 minutes 1881 calls / 5:55 minutes 1963 calls / 5:51 minutes RECRUITMENT & HIRING Entry - Police Officer March 14th - Police Officer Trainee Test; 101 Applications; 23 took PAT (22 passed); 9 took Pellet B Pre - Serivice / Lateral March 14th - Lateral /Academy Grads Test; 11 Applications Entry - Police Officer March 16th - Police Officer Trainee was released from the Academy - Failed Learning Domains Police Service Officer Eligibilty List has been exhausted; Preparing for Test Police Assistant Application are being reviewed; Wriiten Exam is scheculed for April 11th Police Cadet 1 Resigned - Joined the US Marines DATE SPECIAL ENFORCEMENT, EDUCATION & MEETINGS, AUDITS & INSPECTIONS 3/1/2017 Traffic Enforcement Tactical Action Plan (TAP) @ Walnut / Selby 3/3- 4/2017 UnderCover TAP 550 N. Sepulveda - 1 Subject arrested felony vandalism & possession of Meth 3/4/2017 ABC Minor decoy - Regional Operation; 22 locations, 1 citation 318/2017 Traffic Enforcement Tactical Action Plan (TAP) @ East Imperail Ave. -19 Citations 319- 1012017 Citywide Burglary Suppression TAP 3/16/2017 Citywide Traffic - Cell Phone TAP -19 citations 3/27- 28/2017 Clutter's Bluff TAP P:SUPER:ESPD MONTHLY METRICS 268